HUDSON v. MOON

No. 97-CA-01059-SCT.

732 So.2d 927 (1999)

Clyde N. HUDSON, Jr., Marie Hudson Hill, Betty Jane Campbell and Edna Osborne Walker v. Robert M. MOON, Alonzon D. Welch, Woody Loden, Johnny Gilmore and Graydon Farrow, As Directors of the Mississippi Christian Foundation and the Mississippi Christian Foundation, A Mississippi Non-Profit Corporation.

Supreme Court of Mississippi.

Rehearing Denied April 15, 1999.


Attorney(s) appearing for the Case

Joel P. Walker, Hernando, Attorney for Appellants.

R. Steven Coleman, W.D. Coleman, Patricia Almon Hancock, Jackson, Attorneys for Appellees.

BEFORE SULLIVAN, P.J., BANKS and JAMES L. ROBERTS, Jr., JJ.


BANKS, Justice, for the Court:

¶ 1. Appellants raise three issues for our consideration: (1) whether § 270 of the Mississippi Constitution and Miss.Code Ann. § 91-5-31 grant in them, the heirs at law of the testator, a vested interest in land subject to compulsory divesture by sale by a proscribed beneficiary institution; (2) whether this Court can consider the question of constitutionality, and if so, was mortmain in Mississippi, now repealed, unconstitutional...

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