95 Miss. 307
Decided March 15, 1909
Mississippi Supreme Court · decided 1909-03-15
From the chancery court of Jackson county. Hon. Thaddeus A. Wood, Chancellor. Mrs. Gardner and others, appellees, were complainants in the court below; Blomquest and others, appellants, were defendants there. From a decree in complainant’s favor defendants appealed to the supreme court. The complainants, appellees, the widow and son and only heirs of Axum Gardner, deceased, began this suit seeking to cancel the title of the defendants, appellants, to the land in question.
Cited by 1 later decisions — most recently February 1929
1 state decisions
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Decided 1909-03-15
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¶1delivered the opinion of the court.
¶2On a careful consideration of this whole case, we cannot assent to the findings of the court below that Mrs. Gardner did not sign the deed in queston. On the facts of this case-, with the witnesses who could clear up this transaction all dead, it should be made to appear by the most undoubted proof that the deed was never signed, and in this we think the testimony fails.
¶3The decree is reversed, and bill dismissed.