Powell v. Davis
Mississippi Supreme Court
Appeal from the chancery court of Grenada county. Hon. J. G. MqGowAN, Chancellor. Proceedings to partition the estate of Van C. Davis, deceased, in which M. E. Powell, clerk of the chancery court, was appointed commissioner to make the sale. Maggie M. Davis and others objected to the allowance of certain commissions and from a decree that the commissioner was entitled to commissions only upon the amount of cash realized the commissioner appeals.
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Appeal from the chancery court of Grenada county. Hon. J. G. MqGowAN, Chancellor. Proceedings to partition the estate of Van C. Davis, deceased, in which M. E. Powell, clerk of the chancery court, was appointed commissioner to make the sale. Maggie M. Davis and others objected to the allowance of certain commissions and from a decree that the commissioner was entitled to commissions only upon the amount of cash realized the commissioner appeals. The facts are fully stated in the opinion of the court. Sec. 2185 (j) Code of 1906 provides that masters in chancery and commissioners shall receive…
1Opinion of the CourtTIoldeN, J.
By a decree, in a partition proceeding, certain lands of the estate of Van C. Davis, deceased, were ordered *180sold and the proceeds distributed amongst the appellees, co-owners. The land was incumbered-by a prior mortgage lien for five thousand dollars and interest, executed by the deceased Davis in favor of the Grenada Bank. The decree ordering the sale provided that the purchaser at the sale should pay all cash, or he could assume the indebtedness to the bank, which amounted to five thousand, one hundred dollars including interest, and pay the difference or balance in cash. The holder of the…
2Cases cited1 opinion
- Wynne v. Mississippi & Tennessee RailroadMississippi Supreme Court · 1871
3Cited by1 opinion
- Caldwell v. CaldwellCourt of Appeals of Mississippi · 2002