George v. Solomon
Mississippi Supreme Court
From the chancery court of Lauderdale county. Hon. W. T. Houston, Judge. The facts are stated in the opinion. The bill does not show a cause of action. It does not aver that the rent was improperly paid to either defendant. Liability is attempted to be imposed upon Mrs. Ragsdale’s estate, not by reason of any fraud, accident or mistake in paying the rent to her, but because of inability of her representative to establish the want of authority of another to collect her rent.
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From the chancery court of Lauderdale county. Hon. W. T. Houston, Judge. The facts are stated in the opinion. The bill does not show a cause of action. It does not aver that the rent was improperly paid to either defendant. Liability is attempted to be imposed upon Mrs. Ragsdale’s estate, not by reason of any fraud, accident or mistake in paying the rent to her, but because of inability of her representative to establish the want of authority of another to collect her rent. The relief is not to force defendants to interplead and determine which estate is liable, but tó hold Mrs. Rags-dale’s…
1Opinion of the CourtCooper, J.
The decree in this cause rests upon no sufficient foundation. Whether we look to the so-called written contract of the parties, by which Mrs. Ragsdale agreed to “ substantiate ” the claim of appellee against the estate of L. A. Ragsdale, or to the agreement interpreted by the averments of the bill, it is clear that no right of action of any sort, either at law or in equity, exists in favor of the appellee.
Solomon leased the land of Mrs. Ragsdale from her husband, who acted, in so doing, as her agent. He paid to Mr. Ragsdale $1,000 of the accruing rent, believing, but not knowing, that…
2Cases cited1 opinion
- Gay v. A. Edwards & Co.Mississippi Supreme Court · 1855
3Cited by6 opinions
- State v. StockettMississippi Supreme Court · 1971
- Pease & Dwyer Co. v. Somers Planting Co.Mississippi Supreme Court · 1922
- W.T. Rawleigh Co., Inc. v. HesterMississippi Supreme Court · 1941
- State v. RogersMississippi Supreme Court · 1949
- Mississippi Compress & Warehouse Co. v. LevyMississippi Supreme Court · 1903
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