DAVIS v. DAVIS

No. 56593.

508 So.2d 1062 (1987)

Frances Jean DAVIS v. John Earl DAVIS.

Supreme Court of Mississippi.

Rehearing Denied July 15, 1987.


Attorney(s) appearing for the Case

John Booth Farese, Farese, Farese & Farese, Ashland, for appellant.

Talmadge D. Littlejohn, New Albany, for appellee.

Before WALKER, C.J., and ROBERTSON and ANDERSON, JJ.


ROBERTSON, Justice, for the Court:

I.

This case presents the question whether the plaintiff in a partition action has presented enough evidence that she has an interest in the property sought to be partited so that she should survive a motion for summary judgment, the motion having been made on grounds that the establishment of an interest in the property is a necessary element of the Plaintiff's claim, failing which the claim must be dismissed. The Chancery...

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