Hemphill v. Robinson

355 So. 2d 302
CourtMississippi Supreme Court
DecidedFebruary 22, 1978
Docket49452
StatusPublished
Cited by8 cases

This text of 355 So. 2d 302 (Hemphill v. Robinson) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hemphill v. Robinson, 355 So. 2d 302 (Mich. 1978).

Opinion

355 So.2d 302 (1978)

Adele B. HEMPHILL
v.
Jerry ROBINSON.

No. 49452.

Supreme Court of Mississippi.

February 22, 1978.

*303 Brewer, Deaton & Evans, Norman C. Brewer, Jr., Greenwood, for appellant.

Gray, Montague, Jackson & Pittman, James C. Pittman, Jr., Sullivan & Sullivan, R.M. Sullivan, Hattiesburg, for appellee.

Before PATTERSON, C.J., and SUGG and WALKER, JJ., and ADAMS, Commissioner.

GEORGE F. ADAMS, Commissioner for the Court:[1]

The principal questions involved on this appeal are whether a quitclaim deed from Vassar D. Hemphill to Mrs. Bessie Hemphill Robinson was delivered and the construction of the Last Will and Testament and Codicil of Mrs. Bessie Hemphill Robinson.

Jerry Robinson filed a bill of complaint in the Chancery Court of the First Judicial District of Carroll County against Mrs. Adele B. Hemphill on November 29, 1966. Complainant alleged that he inherited the east half of the west half of the northwest quarter of Section 16, Township 19, Range 2 East from his mother, Mrs. Bessie H. Robinson who died December 26, 1956. He alleged that the defendant, Mrs. Adele B. Hemphill, was the widow of Vassar D. Hemphill, who died on December 1, 1960, and that Vassar D. Hemphill devised her all of his property except two small bequests of money to other persons.

*304 Complainant alleged that Vassar D. Hemphill, during his lifetime, and defendant, after the death of Vassar D. Hemphill, used and possessed the land of complainant from December 26, 1956.

The bill was dismissed September 30, 1967 for failure of complainant to answer interrogatories propounded by defendant. On appeal to this Court we reversed and reinstated the bill of complaint. Robinson v. Hemphill, 229 So.2d 827 (Miss. 1969), (Rehearing denied 1970). Thereafter, on December 22, 1970, complainant filed another bill of complaint against defendant in a separate cause and alleged that his mother owned at the time of her death two tracts of land described as follows:

Tract Number One
The East Half (E 1/2) of the West Half (W 1/2) of the Northwest Quarter (NW 1/4), Section 16, Township 19, Range 2 East, First Judicial District of Carroll County, Mississippi (all of this land, or substantially all, lying North of Highway 82, and containing 40 acres, more or less)
Tract Number Two
The East Half (E 1/2) of the Southwest Quarter (SW 1/4), Section 16, Township 19, Range 2 East, and the East Half (E 1/2) of the Northwest Quarter (NW 1/4), Section 21, Township 19, Range 2 East, First Judicial District, Carroll County, Mississippi (all of this land, or substantially all, lying South of Highway 82, and being 160 acres, more or less).

Complainant further alleged that his mother in her Last Will and Testament dated January 21, 1943, devised to her brother, Vassar D. Hemphill, the land which adjoined Vassar D. Hemphill on the south side of Highway 82; that testatrix devised and bequeathed to complainant all of her property not otherwise specifically devised in the Will; and, by Codicil dated August 19, 1954, testatrix modified the initial devise to Vassar Hemphill. The provisions of the Will and Codicil pertaining to the devise to Vassar D. Hemphill follow:

Will
If I die before my brother Vassar Hemphill I want him to have the land belonging to me, that adjoins his on the south side of Highway 82 He having paid taxes on said land for 12 years.
Codicil
First of all I want the few acres of land on South side of road to go to my brother, Vassar D. Hemphill who has paid all my taxes and everything he could, since 1934... .

Complainant further charged that, after his mother's death in 1956, he requested possession of the land passing to him under his mother's Will from Vassar D. Hemphill, but that Vassar D. Hemphill, instead of delivering possession of the land to him, took him to the courthouse at Carrollton, Mississippi and showed him a deed dated May 15, 1934, signed by his mother, which conveyed the land involved in the suit plus 80 acres in Tallahatchie County to Vassar D. Hemphill.

Complainant further alleged that Vassar D. Hemphill concealed the fact that he reconveyed the property to complainant's mother by deed dated May 29, 1934. The deed from Vassar D. Hemphill to complainant's mother was discovered in 1966 and complainant alleged that it had been in his mother's possession until her death but had not been recorded; that immediately upon its delivery to complainant he caused the deed to be recorded. Complainant alleged that he was the owner of all of the land designated as Tract I, all of Tract II except for a "few acres on the south side of the road", and requested the court to construe the meaning of the phrase.

Complainant prayed that the Will of his mother be construed and that his title be confirmed; that defendant be required to make an accounting for the use of his land since December 26, 1956; that defendant be directed to secure the release of the land from any deed of trust which she had executed, or in lieu thereof, that he be granted a lien against that part of Tract II determined to be owned by defendant to secure payment of any indebtedness created by her against complainant's land.

*305 Defendant answered and admitted that the Will of Mrs. Bessie Hemphill Robinson was duly executed, but disagreed with complainant's interpretation thereof, admitted that the deed from Vassar D. Hemphill to Mrs. Robinson was found in 1966 but denied that complainant made any request for possession of any land and alleged that complainant knew that the land was the property of Vassar D. Hemphill by virtue of a recorded deed which conveyed the land to him. Defendant denied that her husband concealed from complainant any fact pertaining to the estate of his mother. Defendant also asserted as affirmative defenses: (1) the property which is the subject of the suit descended to Vassar D. Hemphill under the terms of the Last Will and Testament of Mrs. Bessie H. Robinson, (2) there was no delivery or acceptance of the deed from Vassar D. Hemphill to Mrs. Bessie H. Robinson, (3) that complainant was estopped to assert claim to a title through the deed from Vassar D. Hemphill to Bessie H. Robinson, (4) that complainant was not entitled to maintain his suit because of laches and the defendant and her predecessor in title had adversely possessed the land since May 29, 1934.

The two cases were consolidated for trial by agreement of the parties. The final decree granted complainant possession of Tract I and all of Tract II with the following exception: "Less, on the south side of Highway 82 a few acres of land which adjoin the land of Vassar Hemphill on January 1, 1954." The decree did not describe the exception. The decree also directed defendant to secure a release of complainant's land from all deeds of trust given by her or her predecessor in title and that a lien in favor of complainant be impressed on defendant's land to secure the sum necessary to cause the release of complainant's land from the deeds of trust. The lien was to remain on defendant's land until complainant's land was released from the deed of trust. No provision was made in the decree for an accounting by the defendant.

The testimony showed that L.S. Hemphill and Ida Martin Hemphill were the parents of Vassar D. Hemphill, Mrs. Bessie Hemphill Robinson, James Hemphill and Everett Hemphill. L.S.

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Cite This Page — Counsel Stack

Bluebook (online)
355 So. 2d 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hemphill-v-robinson-miss-1978.