Tate v. Bush
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. Frances A. Jeffries, a married woman, and Walter J. Tate, an infant, who was non compos mentis, were tenants in common of a certain tract of land, and upon a bill in chancery filed for the latter by his next friend, a decree was rendered in the year 1859 ordering, in accordance with the prayer of the bill, a sale of the land on credit for partition.
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Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. Frances A. Jeffries, a married woman, and Walter J. Tate, an infant, who was non compos mentis, were tenants in common of a certain tract of land, and upon a bill in chancery filed for the latter by his next friend, a decree was rendered in the year 1859 ordering, in accordance with the prayer of the bill, a sale of the land on credit for partition. In the same year the sale was made and in 1860 it was confirmed. Walter J. Tate died in 1879 and the husband of Frances A. Jeffries died in 1882; and in September,…
1Opinion of the CourtCooper, J.
Complainants by their bill attack the sale made under the decree for partition — first, because the court had not jurisdiction to decree the sale on the application of the infant by his next friend; second, because the infant was also non compos mentis and had no guardian; third, because the commissioner took the bonds of the purchaser in an amount equal only to the purchase-money, and not in double that sum, as was required by the statute, and also because the bonds were made payable to the commissioner and not to the parties in interest, and were not returned into court; and, fourth,…
2Cases cited7 opinions
- Wiley, Banks & Co. v. EwingSupreme Court of Alabama · 1872
- Mims v. Macon & Western Rail RoadSupreme Court of Georgia · 1847
- Neil v. StateTexas Supreme Court · 1875
- Saunders v. MitchellMississippi Supreme Court · 1883
- Ferguson v. ShepherdMississippi Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Taylor v. BellMississippi Supreme Court · 1943
- Ladd v. CraigMississippi Supreme Court · 1909