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94 Miss. 608

Wilson v. Brown

Mississippi Supreme Court

Decided March 15, 1909

Mississippi Supreme Court · decided 1909-03-15

From the chancery court of, first district, Hinds county. Hon. G. Garland Lyall, Chancellor. Brown, appellee, was complainant in the court below; Wilson, appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court. A statement of the facts of the case additional to what is-shown in the opinion of the court is deemed unnecessary in view of the conclusion reached.

Key passage — most relied on by later courts

““The chancellor’s notes show that one Ida Bass testified in the case; her testimony being taken orally before the chancellor, presumably by agreement. This testimony is not before ns, and we are therefore not able to judge of its effect. It may have been controlling with the chancellor, and we are compelled, in this state of the record, to uphold his finding of fact. ’ ’”

quoted by 1 later decision, including Campbell v. McCormick Motorcar Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1909-03-15

How this case has been cited

Cited by 4 later decisions — most recently April 1988

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Fletcher, J.,

¶1delivered the opinion of the court.

¶2This case involves only the single question whether the lot deeded by Mary Wilson to her son, Chalmett Brown, was rer ceived by way of advancement. The chancellor’s notes show that one Ida Bass testified in the case; her testimony being taken orally before the chancellor, presumably by agreement. This testimony is not before us, and we are therefore not able to judge of its effect. It may have been controlling with tho-chancellor, and we are compelled, in this state of the record, to uphold his finding of fact Affirmed.

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