Wolf v. Johnson
Mississippi Supreme Court
In error from the Circuit Court of Wilkinson county. Hon. Stanhope Posey, judge. Joseph Johnson, the defendant in error, sued Jacob Wolf and Henry Burgower, upon a note made by them payable to him, as administrator of one Joseph Johnson, deceased. The note was for $300, and given by said Wolf and Burgower, as the amount of the rent for certain premises, belonging to said Joseph, deceased, which was leased to them for the year 1858, by the plaintiff.
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In error from the Circuit Court of Wilkinson county. Hon. Stanhope Posey, judge. Joseph Johnson, the defendant in error, sued Jacob Wolf and Henry Burgower, upon a note made by them payable to him, as administrator of one Joseph Johnson, deceased. The note was for $300, and given by said Wolf and Burgower, as the amount of the rent for certain premises, belonging to said Joseph, deceased, which was leased to them for the year 1858, by the plaintiff. On the 10th day of May, 1853, the premises were sold by a commissioner of the Chancery Court, under a decree to foreclose a mortgage on the land,…
1Opinion of the CourtFisher, J.
This was an action founded upon the promissory note of the defendants, in the Circuit Court of Wilkinson county.
The defendants resisted payment, on the ground that the note was given for the lease of certain premises for the year 1853, and that the property was sold on' the 10th of May,' of that year, under a decree foreclosing a mortgage, executed by the owner of the property, in his lifetime.
The property having been purchased by a third party under this decree, the question is, whether the tenants can resist payment to their lessor, who was the administrator of the mortgagor.
It is a very…
2Cited by8 opinions
- Pickett v. FergusonSupreme Court of Arkansas · 1885
- English v. KeySupreme Court of Alabama · 1863
- Melchor v. CaseyMississippi Supreme Court · 1935
- Robertson v. BiddellSupreme Court of Florida · 1893
- Chaffin v. BrockmeyerMissouri Court of Appeals · 1888
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