Mitchell v. Choctaw Bank
Mississippi Supreme Court
Appeal from tbe chancery court of Union county. Hon. J. Q. Robins, Chancellor. Bill by the Choctaw Bank against C. T. Mitchell and •others. Prom a judgment overruling their demurrer, defendants appeal. The facts are fully stated in the opinion of the court.
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Appeal from tbe chancery court of Union county. Hon. J. Q. Robins, Chancellor. Bill by the Choctaw Bank against C. T. Mitchell and •others. Prom a judgment overruling their demurrer, defendants appeal. The facts are fully stated in the opinion of the court. The will made an exhibit to the bill creates an active trust, and if the defendant, C. T. Mitchell, in the court helow, had any interest in the estate under the said will, the court will not condemn it for the sale of his debts. Stancél et al. v. Halm et al., 69 Miss. 616; Hill v. Fuller ■et al., 39 So. 53; Murdock v. Mu-rdock, 97 Miss.…
1Opinion of the CourtReed, J.
Appellee, the Choctaw Bank, filed its bill in chancery court, seeking to subject the interest of appellant C. T. Mitchell in the estate bequeathed and devised by his mother, Mrs. Mattie R. Mitchell, to the payment of the indebtedness owing by him to appellee.- To show the *319interest of C. T. Mitchell in the estate, we quote from his mother’s will as follows:
“I will and bequeath unto all my children, jointly, who may be living at my death, the following real estate in Union county, Mississippi, to wit: (Here follows the description of the land.) Also all my personal estate which I may own and…
2Cases cited4 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Leigh v. HarrisonMississippi Supreme Court · 1892
- Stansel v. HahnMississippi Supreme Court · 1910
- Presley v. RodgersCourt of Appeals of Mississippi · 1852
3Cited by8 opinions
- Carter v. BerryMississippi Supreme Court · 1962
- Seattle First National Bank v. CrosbyWashington Supreme Court · 1953
- Johnson v. BD. OF TRUSTEES MISS. ANNUAL CON.Mississippi Supreme Court · 1986
- Calhoun v. MarkowMississippi Supreme Court · 1933
- Estate of WaitzmanMississippi Supreme Court · 1987
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