Palmer v. Riggs
| Citation | 19 So.2d 807,197 Miss. 256 |
| Decision Date | 27 November 1944 |
| Docket Number | 35714. |
| Court | Mississippi Supreme Court |
| Parties | PALMER v. RIGGS et al. |
Brown & Jarvis, of Fulton, for appellants.
W L. Elledge, of Washington, D. C., and James A. Finley, of Tupelo, for appellee.
This suit was begun as a bill for partition of certain homestead lands in Itawamba County and for accounting of mesne rents and profits. The parties include the heirs-at-law of their deceased father, J. P. Riggs, the complainants being Mrs. M N. Palmer and W. D. Riggs, and the defendants J. R. Riggs, J E. Riggs and the latter's wife, Mrs. E. E. Riggs. Defendants filed answer with a cross-bill alleging the execution by J. P. Riggs of deeds to J. R. Riggs and J. E Riggs respectively for separate portions of the lands. The chancellor upheld the deeds as valid and restricted the issues to this point.
By agreement of counsel the following pertinent facts appear: J. P. Riggs was owner of said lands at the time of his death intestate in 1921. His widow continued to live on the lands and died intestate in 1927. Both the purported deeds of J. P. Riggs to his sons are dated November 7, 1914, and filed for record December 6, 1919. They were executed by J. P. Riggs and wife, and are practically identical except as to the property described therein, and both contain the following recitals: "Know all men by these presents that we J. P. Riggs, and wife E. F. Riggs, for and in consideration of the natural love and affection we have for and do bear toward our son J. E. Riggs, we hereby grant, bargain, sell and convey and warrant to him and to his heirs and assigns forever, with the exception hereinafter stated the following described land situated in Itawamba County, Mississippi, * * * It is hereby agreed and understood by and between the grantors, J. P. Riggs and his wife E. F. Riggs, and the grantee J. E. Riggs, that this deed of conveyance is not to be delivered, or so considered delivered during the natural life of the said J. P. Riggs, and his wife E. F. Riggs, but the death of both of said grantors, shall constitute a full and complete delivery of this deed of conveyance, to said grantee, and the above described land shall immediately vest in fee simple in the said J. E. Riggs."
The narrow issue thus presented is whether the two instruments are valid deeds of conveyance or whether being testamentary in character and effect they passed no present interests to grantees.
It is elemental that a valid conveyance presupposes a complete delivery. This...
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Wilbourn v. Wilbourn
...clerk for recording. See Ladner v. Moran, 190 Miss. 826, 1 So.2d 781, citing Young v. Elgin, Miss., 27 So. 595; also Palmer v. Riggs, 197 Miss. 256, 19 So.2d 807, and Frederic v. Merchants & Marine Bank, 200 Miss. 28 So.2d 843.' First let us examine these cited authorities. In Ladner v. Mor......
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...Id. (citing Peebles v. Rodgers, 211 Miss. 8, 50 So.2d 632 (1951) ; White v. Inman, 212 Miss. 237, 54 So.2d 375 (1951) ; Palmer v. Riggs, 197 Miss. 256, 19 So.2d 807 (1944) ; Gaston v. Mitchell, 192 Miss. 452, 4 So.2d 892 (1941) ; Ates v. Ates, 189 Miss. 226, 196 So. 243 (1940) ; Tapley v. M......
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Oaks v. Ball, 2014-CT-00528-SCT
...Id. (citing Peebles v. Rodgers, 211 Miss. 8, 50 So. 2d 632 (1951); White v. Inman, 212 Miss. 237, 54 So. 2d 375 (1951); Palmer v. Riggs, 197 Miss. 256, 19 So. 2d 807 (1944); Gaston v. Mitchell, 192 Miss. 452, 4 So. 2d 892 (1942); Ates v. Ates, 189 Miss. 226, 196 So. 243 (1940); Tapley v. Mc......
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