Boyce v. Francis

Decided January 15, 1879

Mississippi Supreme Court · decided 1879-01-15

Hon. Laeayette Haughton, Chancellor. The appellant filed an original bill in chancery against the widow and heirs of S. M. Francis, the heirs of Kerr Boyce, and the administrator and heirs of Farish Carter, alleging that one Drane, as agent for Boyce & Carter, land-owners, on June 29, 1860, sold to S. M. Francis a quarter-section of land, making a bond for title in the name of Boyce & Carter, and receiving the purchase-price partly in cash and the balance in S. M. Francis’s…

Cited by 2 later decisions — most recently March 1914

2 state decisions

Relies on Kimbrough v. Curtis · Mhoon v. Wilkerson

Good law ✅— No negative treatment on recordhow we know

Decided 1879-01-15

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Per Curiam.

¶1This case falls within the principle announced in Mhoon v. Wilkerson, Exr., 47 Miss. 633, and Kimbrough v. Curtis et al., 50 Miss. 117 ; and laying out of view the partition of the lands of Boyce & Carter, set forth in the bill, a case is presented which entitles complainant to a decree.

¶2The notes are not barred, because the bill shows that no administration has been had on the estate of Francis, their maker. Code, sect. 2162.

¶3Decree reversed, demurrer to amended and original bill overruled, and cause remanded for defendants to answer in thirty days after the mandate herein shall have been filed in the court below.