Legal Opinion

Hardee v. Cheatham

Mississippi Supreme Court

Decided April 15, 1876PublishedCited by 1 opinion

Appeal from the Chancery Court of Amite County. Hon. E. H. Osgood, Chancellor. The opinion of the court contains a very full statement of all the material facts in the case. It is assigned for error “that the chancery court erred in its final decree dismissing complainant’s bill. * * * The final decree should have been in favor of complainant, granting the prayer of the bill.”

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Appeal from the Chancery Court of Amite County. Hon. E. H. Osgood, Chancellor. The opinion of the court contains a very full statement of all the material facts in the case. It is assigned for error “that the chancery court erred in its final decree dismissing complainant’s bill. * * * The final decree should have been in favor of complainant, granting the prayer of the bill.” Barney and Raiford claim two-thirds of the land, one-third conveyed by Christopher Cheatham, October 12, 1869, when Robinson was in possession of the land. The deed by which Cheatham’s heirs derive title bears date…

1Opinion of the CourtSxmradl, C. J.

David C. Hardee, assignee of Aaron Bobinson, brought this suit in chancery to charge the lands in the pleadings mentioned with his debt.

In 1866 or 1867 Aaron Bobinson, surviving executor of *44Moses R. Cheatham, deceased, commenced proceedings in the 'probate court for a final settlement, which were continued from time to time until 1872, when, a decree was passed allowing his accounts, and determining that there was a balance due 'the executor of $4,147.02, which was directed to stand as a •charge upon the estate; this debt Robinson assigned to the ■complainant, Hardee.

This controversy depends…

2Cases cited2 opinions

  1. Craig v. LeslieSupreme Court of the United States · 1818
  2. Farley, Jurey & Co. v. HordMississippi Supreme Court · 1871

3Cited by1 opinion

  1. Roberts v. HaleSupreme Court of Iowa · 1904

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