Volume 29 — Mississippi Reports

A. B. Dawson, vice-chancellor. David D. Withers filed his bill in the chancery court, in which he alleged that he was the owner of a large… Held: that if it could be maintained, every turnpike, paving, and navigation act would give rise to an infinity of actions; that some individuals suffer an inconvenience under all such acts; but that the interest of individuals must give way to the accommodation of the public; that if in fact there had been no provision in the statute…

IN error from the circuit court of Clarke county ; Hon. John Watts, judge. At the April term, 1852, of the circuit court of Clarke county, Dabney Edwards sued S. Dunlap on two promissory notes. Dunlap replied “ a former recovery and judgment.” Om trial, Edwards read the notes in evidence. Dunlap then read to the jury the record of a former proceeding, recovery, and judgment thereon.

IN error from the superior court of chancery ; Hon. Stephen Cocke, chancellor. The facts of this case are substantially stated in the opinion of the court. The only question in the case is, Did the Runnels note have, by the deed of trust, or acquiesced in under the facts above stated, a lien upon the land in question, or has that lien been lost as against Jones, the vendee of Prentiss ?

B. C. Buckley, vice-chancellor. Thomas J. Ford filed in the vice-chancery court at Natchez his bill of complaint, and states, that Robert Ford (father of complainant, Thomas J. Ford) died in 1822, owning in Wilkinson county an estate consisting of a plantation, slaves, stock, &c.; that William Hazlip was appointed administrator, who finally settled his administration in 1836, showing a moneyed balance of something over if900 due the estate, and stating in his settlement…

Charles Scott, chancellor. On the 22d April, 1851, A. Patterson filed his bill against the administrators and heirs of Richard Edwards, and against the widow and heirs of John Snodgrass, charging, that on the 1st May, 1843, he sold and conveyed certain lots in Yazoo City ’to Richard Edwards for the consideration of some $10,000 cash, then paid, and that said Edwards would take up and deliver to complainant two certain notes due to the Planters Bank, and payable 26th…

Alva Wilson, probate judge of Holmes county. Plaintiffs in error filed their bill of review in the probate court of Holmes county against Harvey S. Sample and Benj. Griffin, executors of D. M. Dulany, deceased, and against Mary H. Sample, administrator of Isaac Sample, deceased, who was one of the executors of said D. M. Dulany.

In error from the circuit court of .Jefferson county; Hon. Stanhope Posey, judge. The facts of the case may be found in the opinion of the court. An executor cannot indorse or assign bills or notes due his testator in the purchase of property for himself, or in payment of one of his own debts. Prosser v. Leathernan, 4 How. 237. The indorsement must be auxiliary to the administration, and conform to its trusts. Miller v. Helm, 2 S. & M. 696.

Osr appeal from the circuit court of Hinds county; Hon. John J. Guión, judge. Held: and the beginning and end of that term, are» clearly defined in the statute creating the office. Nothing is left to implication or doubt.

Charles Scott, chancellor. On the 18th day of October, 1843, the appellee, John Robson, filed his bill against Cason,-charging that one Wesley J. Franks conveyed certain lands and slaves to Cason in trust to secure the payment of four certain notes made by Franks to Asa B. Metcalf, &c.; that Metcalf being indebted to complainant, transferred one of said notes to him as collateral security, of which facts Cason had notice ; that afterward Cason, having accepted said trust,…

A. P. Hill, judge of the probate court of Madison county. Held: in Lyon v. Knott and subsequent decisions, that the capacity to hold property conferred upon femes covert and the separate estate in her slaves secured to the wife, and the rule for the descent and distribution of such slaves contained in the act of 1839, was so much deducted from or earved out of the rights of the husband at common…

Charles Scott, chancellor. P. and T. Hayden and others, filed their bill in the superior court of chancery, alleging that they were… Held: that where the executor is insolvent, the junction of the debtors is allowable, and not ground for demurrer. 1 Daniel, Plea and Pract. in Chancery, 374 (Perkins’ ed.); Alsager v. Roivley, 6 Ves. 749; Houghton v. Binkes, lb. 573-575 (Sumner’s ed. notes); Benfield v. Solomons, 9 lb. 86; Emslie v. McAulay, 3 Bro. C. C. (Perk, ed.) 627.

James Finley, judge of the probate court of Rankin county. The opinion of the court contains a statement of the facts of the case. • William H. Shelton departed this life in the said county, some ten years ago, intestate, leaving no will or executor; that no administrator has been appointed of his estate, and petitioner believes no person wrill take out letters of administration.

James M. Smiley, vice-chancellor. This was a bill filed in the vice-chancery court at Monticello, .by the heirs of Joseph Pouns, and the bill charges as follows: — On the 14th March, 1842, Z. E. Pendleton departed this life, intestate, leaving no children, but complainant, E. C. Pendle-ton, his widow.

IN error from the circuit court of Hinds county; Hon. R. Barnett, judge. This was a suit instituted in the circuit court of Hinds county, by Dennis Perkins & Co., against John P. Jones and Duncan McLauren, Jr., upon a promissory note executed by the defendants at Jackson, Miss., on the 12th of May, 1850, for ¡§1,050, and due twelve months after date to Dennis Perkins & Co., of New York.

In error from the circuit court of Wilkinson county; Hon. Stanhope Posey, judge. This was an action brought by the West Feliciana Railroad Company to the December term, 1851, of the circuit court of Wilkinson county against C. A. Thornton upon a note executed on the 11th day of May, 1840, by said Thornton and others (all of whom having died but him previous to the bringing of this suit, were not sued).

In error from the circuit court of Claiborne county; Hon. Stanhope Posey, judge. This was an action of ejectment, to recover possession of a lot in the town .of Port Gibson, described lot 6, in square 9; On the trial the lessors of the plaintiff offered in evidence the deposition of Elizabeth Coursey, who testified that she was the widow of Elijah Bland, deceased, to whom she was duly.married in 1809 ; that Elijah Bland died in 1820, in Port Gibson.

Osr appeal from the probate court of Pike county; Plon. George Nicholson, judge of the probate court of Pike county. The facts of the case will be found sufficiently set forth in the opinion of the court, and the points made by appellant’s counsel in his brief. Three important questions are presented by the record in this case.

In error from the circuit court of Adams county; Hon. Stan-hope Posey, judge. This was a suit brought by Kirk, the .defendant in error, to recover of James the value of a negro slave sold by James, through his agent, S. H. Davis, to said Kirk in Louisiana, warranted free from the redhibitory vices provided for by the law of Louisiana. The vice complained of was that of a runaway.

Ow appeal from the superior court of chancery ; Hon. Stephen Cocke, chancellor.

Henry Dickinson, vice-chancellor. Thomas ,T. Loud, as executor of Charles Loud, deceased, at the April term, 1844, of the circuit court of Holmes county, confessed several judgments to Robert J. Ward, each for $600, with stay of execution from one to five years.

IN error from the circuit court of Warren county; Hon. R. Barnett, judge. The facts of this case are set out in the opinion of the court. cited and commented on the Act of Leg. 1839, p. 317. Shaw v. Kennedy, 2 Taylor, 158; St. Louis v. Hempstead, 4 Missouri, 242. in reply, cited and commented on the 22d section of the Act of 1839, incorporating the city of Vicksburg.

IN error from the probate court of Hinds county; Hon. Amos R. Johnston, judge of the probate court of Hinds county. The facts upon which the decision of the court was made, are contained in' the opinion. This case, as I think, is already decided. The law declared in Brown v. Mullins, 2 Cushm. 204, fully sustains the claim of the ward for interest.

Alva Wilson, probate judge of Holmes county. Held: that the act of 29 Car. 2 was but declaratory of the com-'Hion law as it stood prior thereto, and of course its non-enact-iment in this State has no operation on the marital rights of the .husband, they not being affected by the statute of distribu-vtions.