STUART v. SMITH

No. 49250.

344 So.2d 127 (1977)

Sidney STUART et al. v. Mrs. Willie C. SMITH et al.

Supreme Court of Mississippi.

March 23, 1977.


Attorney(s) appearing for the Case

Adams, Forman, Truly, Ward, Smith & Bramlette, David C. Bramlette, Natchez, for appellants.

Watson, Wilkerson & Walsh, Richard T. Watson, Woodville, for appellees.

Before PATTERSON, ROBERTSON and BROOM, JJ.


BROOM, Justice, for the Court:

Cemetery rights are the subject of litigation in this cause growing out of "excepting and reserving" language of a land deed. Appellants' (Sidney Stuart, et al.) bill against appellees (Mrs. Willie C. Smith, et al.) was tried in the Chancery Court of Wilkinson County, which court entered a decree adverse to appellants. We affirm.

In 1933 by warranty deed W.C. Stuart (son of Martha, same person as M.C. Stuart) conveyed 243 acres...

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