Green v. Board of Supervisors
Mississippi Supreme Court
Appeal from the Chancery Court of Tippah County. Hon. A. B. Fly, Chancellor. In 1861, J. A. Green borrowed from the treasurer of Tippah County $405.23 of the school fund, for which he gave his promissory note, due January 1, 1862, secured by a mortgage on block 103 in the town of Ripley.
Read the full summary
Appeal from the Chancery Court of Tippah County. Hon. A. B. Fly, Chancellor. In 1861, J. A. Green borrowed from the treasurer of Tippah County $405.23 of the school fund, for which he gave his promissory note, due January 1, 1862, secured by a mortgage on block 103 in the town of Ripley. On the 6th of July, 1868, the Board of Police of that county made an order providing that, upon the conveyance of a certain tract of eighty acres of land situated in Tippah County to the president of the Board of Police, for the use and benefit of the county school-fund, the ti-easurer of the county should…
1Opinion of the CourtCampbell, J.
The demurrer of J. A. Green to the amended bill was properly overruled. The ground relied on in the argument before us, as sufficient to sustain it, is the lapse of six-years after the Statute of Limitations commenced to run on the note before the filing of the amended bill, it being claimed that the running of the statute was not stopped by the filing of the original bill, because of the alleged fact that no process was issued on it for the defendant. This is a question of fact, not determinable upon the demurrer. The amended bill has relation back to the original bill, and, on demurrer,…
2Cases cited2 opinions
- Brown v. GoolsbyMississippi Supreme Court · 1857
- Benson v. StewartMississippi Supreme Court · 1855
3Cited by3 opinions
- Curry v. TurnerMississippi Supreme Court · 2002
- Plant v. ShryockMississippi Supreme Court · 1885
- Betty Curry v. Trent TurnerMississippi Supreme Court · 2000