Statute of Interest

§ 89-1-7. Estate in two or more persons

Universal Citation: MS Code § 89-1-7 (2017)

All conveyances or devises of land made to two (2) or more persons, including conveyances or devises to husband and wife, shall be construed to create estates in common and not in joint tenancy or entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or entirety with the right of survivorship. But an estate in joint tenancy or entirety with right of survivorship may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others.  An estate in joint tenancy or entirety with right of survivorship between spouses may be terminated by deed of one spouse to the other without necessity of joinder of the grantee spouse and without regard to whether the property constitutes any part of the homestead of the spouses.

Pro Se Party's Representative

Every now and then a pro se party will have someone call on their behalf who is not an attorney.  This is normally a parent or spouse.  This person could, in theory, be practicing law without a license.  The best bet is for that person to have a power of attorney over the pro se party to avoid this issue.

Restore Rights to Firearms

Is there a way for a prohibited person to restore his or her right to receive or possess firearms and ammunition?

Although Federal law provides a means for the relief of firearms disabilities, since October 1992, ATF’s annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.
[18 U.S.C. 925(c); 27 CFR 478.144]

Tennesse Service of Process on Sunday

In Tennessee, with the exceptions contained in §§ 20-2-104 and 20-2-105, civil process shall not be executed on Sunday.  Tennessee Code Annotated § 20-2-106.  

When is a Divorce Final?

Today, the Mississippi Court of Appeals decided Arrington vs. Arrington located here.  The issue in the case was that a final decree was signed by the chancellor but never filed with the Chancery Court. By the time it was filed, one of the parties had contested the decree.  The Court of Appeals found that Rule 58 clearly provides that “[a] judgment shall be effective only when entered as provided in Rule 79(a).”  (Emphasis added).  Rule 79(a) requires the clerk to keep a “general docket” and to enter “all . . . judgments.”  Thus, we may conclude that a judgment is not final until it is recorded in the clerk’s general docket.  M.R.C.P. 58, 79(a).   As a result, the parties were back at square one on a divorce action.

Guardian Ad Litem - Not Necessarily Required in Uncontested Termination of Parental Rights

Pursuant to Mississippi Code §93-15-107 (1)(d), the Court in its discretion may waive the appointment of a guardian ad litem where the termination of parental rights is by a written, voluntary consent. 

Tennessee Case of Interest

Where a plaintiff has signed a settlement agreement swearing that such agreement is “fair and equitable,” she may be judicially estopped from later bringing a legal malpractice claim based on that same settlement.    Kershaw v. Levy, No. M2017-01129-COA-R3-CV (No. M2017-01129-COA-R3-CV).