Red v. Powers

Decided October 15, 1891

Mississippi Supreme Court · decided 1891-10-15

Prom the circuit court of Holmes county. Hon. C. H. Campbell, Judge. In January, 1889, G. I. Sample died leaving a will, by which he devised certain lands to G. J. Red, “with one request, that he give my father, J. A. Sample, $200 a year as long as he lives.” Red entered upon the enjoyment of the property, the annual income of which exceeded $200 a year.

Good law ✅— No negative treatment on recordhow we know

Decided 1891-10-15

How this case has been cited

Cited by 4 later decisions — most recently February 1937

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Campbell, C. J.,

¶1delivered the opinion of the court.

¶2By accepting the provisions of the will and entering upon the enjoyment of the estate given to him by it, the appellant became the debtor of Mr. Sample for the $200 to be paid to him annually, and might be sued at law for the money. This is affirmed by many cases cited in note k, 3 Williams on Executors, p. 1931. This being true, the debt was garnish-able, and the issue joined upon the traverse of the answer of the garnishee having been found against him, judgment was properly rendered against him “as if the facts found had been confessed by the garnishee in his answer.” Code, § 2451. If he had answered, admitting an indebtedness not then due, execution would have been stayed until its maturity, (Code, §2445) and judgment rendered accordingly.

¶3Affirmed.