Edwards v. Ingraham
Mississippi Supreme Court
Appeal from the Superior Court of Chancery. Hon. Charles Scott, chancellor. . Filed an elaborate brief, in which they insisted that, the payment having been made to the sheriff after the return day, there was no such relation of trust and confidence between Scarborough, as would prevent the Statute of Limitations.
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Appeal from the Superior Court of Chancery. Hon. Charles Scott, chancellor. . Filed an elaborate brief, in which they insisted that, the payment having been made to the sheriff after the return day, there was no such relation of trust and confidence between Scarborough, as would prevent the Statute of Limitations. That the fact that the sheriff never returned the execution, or notified the plaintiff of the payment, was not such a fraudulent concealment as would prevent the bar.. That the statute always runs, even in cases where a relation of trust and confidence exists between the parties, if…
1Opinion of the CourtFisher, J.
This is an appeal from the decree of the chancellor, overruling a demurrer to the bill of complaint.
The facts of the case are briefly these: The Grand-Gulf Bank, on the 27th of January, 1842, recovered a. judgment in Warren *274Circuit Court, against John Henderson. An execution was issued on the judgment; a forthcoming bond taken and forfeited. An execution was issued on the bond, and was placed in the hands of Scarborough, then sheriff of said county, which execution, it is alleged, was never returned. About six months after the return day of the execution,, on the 10th .of October, 1843,…
2Cited by1 opinion
- Watts v. GunnMississippi Supreme Court · 1876