Cohea v. State
Mississippi Supreme Court
In error to the Circuit Court of Lawrence county. Hon. John E. McNair, judge. This was an action by the State of Mississippi, for tlm use of the heirs of Manly H. -Smith, to recover upon a bond, executed by the defendants below, for $1000, and payable to the said State. It appeared that at the March term, A. D. 1854, the defendant, Cohea, who was the administrator of one Manly II.
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In error to the Circuit Court of Lawrence county. Hon. John E. McNair, judge. This was an action by the State of Mississippi, for tlm use of the heirs of Manly H. -Smith, to recover upon a bond, executed by the defendants below, for $1000, and payable to the said State. It appeared that at the March term, A. D. 1854, the defendant, Cohea, who was the administrator of one Manly II. Smith, obtained an order to sell certain lands belonging to his intestate, upon the suggestion in his petition that it would be for the benefit of the heirs of said Smith, and that he executed a bond, with the other…
1Opinion of the Court
Pur Curiam.
The bond being necessary to invest the administrator with the power to sell the land, although it may have been in some respects *181improperly executed, must be regarded as valid and binding upon the obligors. It may be voidable at the option of other parties, but they ratified it by suing on it to recover the purchase-money.
The court could render a judgment for the proper amount, if the verdict was for too much. The defendants below cannot complain of what was for their benefit.
Judgment affirmed.
2Cited by2 opinions
- Hamilton v. LockhartMississippi Supreme Court · 1867
- Maryland Casualty Co. v. EavesMississippi Supreme Court · 1940