[1] In 1938, Lee was elected judge of the Mississippi Circuit Court, taking office the following year.
[3][1] In December 1947, Chief Justice Sydney M. Smith—the longest-serving member of the court—announced that he would not seek reelection.
"Within ten days both Circuit Judge Percy Lee (age 55) of Forest and seventeen year Chancellor Malcolm B. Montgomery (age 56) of Yazoo City had qualified to run".
"The funeral was Monday, and on Wednesday, Governor Fielding Wright named Chancellor Montgomery to the vacancy".
[2][5] Lee won the primary, but Montgomery remained on the court until the expiration of Smith's term in 1950.