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Boatright v. Horton

Boatright v. Horton, 102 So. 2d 373 (Miss. 1958)
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Court
Mississippi Supreme Court · State Highest Courts
Decided
May 5, 1958
Docket
No. 40779
Judges
Arrington, Gillespie, Hall, Kyle, McGehee
Citations
102 So. 2d 373233 Miss. 4441958 Miss. LEXIS 401

Opinion of the Court — Arrington

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Arrington, J.

The appellant, Jewel Boatright, filed bill of complaint in the Chancery Court of Washington County against O. R. Horton and Sam F. Powers, Jr. The appellees answered and filed a cross-bill.

*447 Upon a full hearing, the chancellor dismissed the hill and cross-hill, from which decree the appellant appeals and the appellees cross-appeal.

The evidence upon the issues was sharply conflicting, and as we have held in many cases, the findings of the chancellor will not be disturbed on appeal unless manifestly wrong, since he is better able to determine the truth of the matter than the appellate court. The chancellor did not make a specific finding of facts, and we have held that “when the chancellor does not make a specific finding of facts, then the court must look to the evidence, and what state of facts, if any, will justify the decree.” Hulett v. Hulett, 152 Miss. 476 , 119 So. 581 . We have carefully examined the record in this case and are of the opinion that the evidence supported the chancellor’s decree. It follows that the judgment will be affirmed on direct and cross-appeal.

Affirmed on direct and cross-appeal.

McGehee, G. J., and Hall, Kyle and Gillespie, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1961: 31967: 11978: 11987: 11992: 11993: 11997: 12005: 12006: 119612026peak 1961 · 3

Relies on it most ⓘ

  1. Century 21 Deep South Prop., Ltd. v. Corson612 So. 2d 359 (Miss. 1992)
  2. Pace v. Owens511 So. 2d 489 (Miss. 1987)
  3. Sarver v. Sarver687 So. 2d 749 (Miss. 1997)
  4. Microtek Medical, Inc. v. 3M Co.942 So. 2d 122 (Miss. 2006)
  5. McGowan v. McCann357 So. 2d 946 (Miss. 1978)
  6. Little v. Dalrymple135 So. 2d 403 (Miss. 1961)

Most recent

  1. Microtek Medical, Inc. v. 3M Co.942 So. 2d 122 (Miss. 2006)
  2. Microtek Medical, Inc v. 3M CompanyNo. 2005-CA-01860-SCT (Miss. Aug. 31, 2005)
  3. Sarver v. Sarver687 So. 2d 749 (Miss. 1997)
  4. Marie J. Sarver v. Roy C. SarverNo. 93-CA-01086-SCT (Miss. Aug. 24, 1993)
  5. Century 21 Deep South Prop., Ltd. v. Corson612 So. 2d 359 (Miss. 1992)
  6. Pace v. Owens511 So. 2d 489 (Miss. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Hulett v. Hulett, 119 So. 581 (Miss. 1928) 23

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