Legal Opinion

Monk v. Horne

Mississippi Supreme Court

Decided October 15, 1859PublishedCited by 3 opinions

ERROR to the Circuit Court of Wayne county. Hon. W. M. Hancock, judge. Cited Bland v. Muncaster, 24 Miss. R. 62; Smith v. Benson, 2 S. & M. 326; Johnson v. The Planter's Bank, 7 lb. 449; Billing-ham v. Jenkins, lb. 479; Commercial Bank of Manchester v. Martin, 9 lb. 613; Grelstrop v. Moore, 26 Miss., R. 206; Boot v. McParen, 37 lb.

1Opinion of the CourtHandy, J.

This was an action of ejectment brought by the plaintiff in error, as heir at law of his father, Thomas Monk, deceased.

■ On the trial, the plaintiff showed title in his father, and that he died seised of the premises.

The defendant claimed title under a sale made by the administrator of the father, in virtue of a decree of the Court of Probates of Wayne county, directing the sale of the lands of the decedent for the payment of his debts, the personalty being insolvent. And in order to establish that title, he offered in evidence what is called an “ extract” from the minutes of that court,…

2Cases cited1 opinion

  1. Cason v. CasonMississippi Supreme Court · 1856

3Cited by3 opinions

  1. Learned v. MatthewsMississippi Supreme Court · 1866
  2. Walker v. McKemieSupreme Court of Oklahoma · 1914
  3. Gulf & S. I. R. Co. v. F. L. Riley Mercantile Co.Mississippi Supreme Court · 1925

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