Robertshaw v. Hanway
Mississippi Supreme Court
Appeal from the Chancery Court of Washington County. Hon. E. Stafford, Chancellor. This case is before this court the second time. It was first brought to this court on demurrer, and tried at the April term, 1874, and reported in 49 Miss., 758, to which reference' is made, although the present opinion of the court contains a, statement of the case sufficient for a full understanding of the-principles announced.
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Appeal from the Chancery Court of Washington County. Hon. E. Stafford, Chancellor. This case is before this court the second time. It was first brought to this court on demurrer, and tried at the April term, 1874, and reported in 49 Miss., 758, to which reference' is made, although the present opinion of the court contains a, statement of the case sufficient for a full understanding of the-principles announced. It is assigned for error : 1. The court erred in subjecting the homestead descended to-appellants to the debt sued for. 2. No decree could be properly rendered because the…
1Opinion of the CourtChalmers, J.
The appellee, John Hanway, was a creditor, by open account,, of the mercantile firm of B. Hanway & Co. Said firm having-been dissolved by the death of B. Hanway, appellee had a. settlement with Greary, the surviving partner, and received in satisfaction of his debt the notes of Greary and Mary Hanway (now Mary Robertshaw), the widow and administratrix of the-deceased partner, and for the protection of said notes received, also from said parties a mortgage executed by them on certain, real estate belonging to the firm.
The notes falling due he filed his bill to foreclose the mortgage, making…
2Cases cited3 opinions
- Story v. LivingstonSupreme Court of the United States · 1839
- Hanway v. RobertshawMississippi Supreme Court · 1874
- Sykes v. SykesMississippi Supreme Court · 1873
3Cited by7 opinions
- United States v. HankinsCourt of Appeals for the Fifth Circuit · 1978
- McGrath v. SinclairMississippi Supreme Court · 1877
- Michigan Trust Co. v. ChapinMichigan Supreme Court · 1895
- Sykes v. MooreMississippi Supreme Court · 1917
- Perkins v. HendryxU.S. Circuit Court for the District of Massachusetts · 1904
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