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BACOT v. DUBY

No. 96-CA-00555 COA.

724 So.2d 410 (1998)

Samuel A. BACOT; Rosella Bacot Gill; James W. Bacot; Imogene Bacot Fly, Individually and as Administratrix of the Estate of Evelyn Bacot; Frances Bacot, by and through James W. Bacot; and Gerald M. McMillan, Appellants, v. Marguerite B. DUBY; Marness Bacot (Marness Bacot Frye); Violet A. Bacot; Winston Duby; Donald R. Duby; Roger Richmond; David Richmond; Mary L. Bacot; John R. Bacot; Hilda Bacot Booty; Guardianship of Stacy Bacot, Nora Devine and Don Devine, Guardians; Guardianship of James Augustus Jones, III, Blanche Bacot Sanders, Guardian; Alfred E. Bacot; Susan P. Jolly; Alfred J. Duby; Carolyn D. Kyzer; Michael Duby; June V. Owen; Lynne Richmond; Delores Bacot Martin; Heather Bacot Jones Newton; Donna McCullough; Samuel Vaught Richmond; Edith Bacot Bowden; Eleanor Bacot Jones; Samuel A. Bacot, Jr.; David Michael Hyde as Personal Representative of the Estate of Eleanor V. Hyde; and Marion V. Gordon, Appellees.

Court of Appeals of Mississippi.

November 24, 1998.

Attorney(s) appearing for the Case

Clyde Ratcliff, Gerald M. McMillan, McComb, Attorneys for Appellants.

H.B. Mayes McGehee, Meadville, T.F. Badon, Liberty, Attorneys for Appellees.

Before THOMAS, P.J., DIAZ, and HERRING, JJ.

HERRING, J., for the Court:

¶ 1. This appeal arises from a judgment rendered in the Chancery Court of Pike County, Mississippi, concerning certain real property originally acquired by Dr. and Mrs. William Bacot. Several heirs1 of Dr. and Mrs. William Bacot2 filed an action to partition the surface estate of 920 acres of property in Pike County, known and referred to as the "Bacot Place." In a motion for...

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