unrebutted presumption (Mississippi) · Go Syfert
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unrebutted presumption in Mississippi

10 Mississippi opinions name it 2 courts 1969–2019 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
In Re Will of Dunngreen
miss · 2001 · cited in 2 Mississippi opinions naming this issue, 2011–2019
2 sentences

2019That presumption of ownership may be overcome “upon proof of forgery, fraud, duress, or an unrebutted presumption of undue influence.” Id. (quoting Reilly, 784 So. 2d at 942 (¶21)).

2011That presumption of ownership may be overcome “‘upon proof of forgery, fraud, duress, or an unrebutted presumption of undue influence.’ ” Reilly, 784 So.2d at 942 (¶ 21) (quoting Madden, 626 So.2d at 617 ). ¶ 25.

22
Cooper v. Crabbgreen
miss · 1991 · cited in 1 Mississippi opinions naming this issue, 1993–1993
1 sentence

1993See Cooper v. Crabb, 587 So.2d 236, 242 (Miss. 1991).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Madden v. Rhodes green
miss · 1993
2 sentences

2011That presumption of ownership may be overcome “‘upon proof of forgery, fraud, duress, or an unrebutted presumption of undue influence.’ ” Reilly, 784 So.2d at 942 (¶ 21) (quoting Madden, 626 So.2d at 617 ). ¶ 25.

2006Pursuant to Mississippi law, at Ladell’s death, John presumptively held title to the funds in the certificate of deposit that bore his name with survivorship, absent a showing of “forgery, fraud, duress, or an unrebutted presumption of undue influence.” Madden, 626 So.2d at 617 . ¶ 16.

71999–2011
Dejean v. Dejean green
missctapp · 2007
1 sentence

2019That presumption of ownership may be overcome “upon proof of forgery, fraud, duress, or an unrebutted presumption of undue influence.” Id. (quoting Reilly, 784 So. 2d at 942 (¶21)).

12019–2019
Yarbrough v. Patrick green
missctapp · 2011
1 sentence

2019Nevertheless, it was the Appellees’ burden to overcome Patrick’s ownership presumption.3 That presumption may have been overcome “upon proof of forgery, fraud, duress, or an unrebutted presumption of undue influence.” Yarbrough, 65 So. 3d at 871 .

12019–2019
Shannon v. City of Hazlehurst neutral
miss · 1959
2 sentences

1969Likewise, in Shannon v. City of Hazlehurst, 237 Miss. 828 , 116 So.2d 546 (1959), The Supreme Court found that the presumption had not been rebutted and reversed the decisions of the attorney referee, the commission and the circuit court which had been for the employer.

1969Likewise, in Shannon v. City of Hazlehurst, 237 Miss. 828 , 116 So.2d 546 (1959), The Supreme Court found that the presumption had not been rebutted and reversed the decisions of the attorney referee, the commission and the circuit court which had been for the employer.

11969–1969

Where else courts name it

MS 10 (1969–2019) FL 9 (2000–2025) NY 7 (1943–2025) NC 6 (1904–2020) NM 6 (2022–2025) CA 6 (1986–2023) TX 5 (1989–2015) OH 4 (2006–2016) MA 3 (1977–2026) IL 3 (1975–1984) WV 2 (1996–1999) AZ 2 (1999–2019) GA 2 (1988–1996) SD 2 (2012–2012) WA 2 (1914–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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