Hebron v. Kelly
Mississippi Supreme Court
Kiiom the chancery court of Adams county. IÍON. Claude PiNtard, Chancellor. Mary Ella Hebron and others, appellants, were complainants in the court below; George 13. Kelly and others, appellees, were defendants there. Mary E. Leggett died in 1879, leaving a will, by which she gave a $3,000 legacy to G. Malin Davis, in payment of a debt due said Davis by the husband of the testatrix.
Read the full summary
Kiiom the chancery court of Adams county. IÍON. Claude PiNtard, Chancellor. Mary Ella Hebron and others, appellants, were complainants in the court below; George 13. Kelly and others, appellees, were defendants there. Mary E. Leggett died in 1879, leaving a will, by which she gave a $3,000 legacy to G. Malin Davis, in payment of a debt due said Davis by the husband of the testatrix. I. H. Mc-Conen, a brother of the testatrix, was appointed executor of the will, by the terms- of which he was directed to work Greenfield plantation, in Adams county, and out of the rents pay a mortgage given by…
1Opinion
A reargumem was granted, had, and resulted as follows:
Woons, C. d.,
delivered the opinion of the court, after the re-argument.
We can add nothing to what was said in our original opinion on the subject of interest. It is still impossible to determine upon what basis the court below proceeded in stating the account, and in the finding of the sum due from the appellants to appellees.
Hicks v. Blakeman, 74 Miss., 459, is inapplicable here. That was a suit between parties who were asserting title to the property adverse to each other. It was, essentially, ejectment in chancery, and the rules…
2Cases cited2 opinions
- Hicks v. BlakemanMississippi Supreme Court · 1896
- Hebron v. KellyMississippi Supreme Court · 1897