Legal Opinion

Hardy v. McClellan

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 11 opinions

Appeal from tbe Chancery Court of Marshall County. Hon. S. C. Abbott, Chancellor. The case comes up from a decree sustaining a demurrrer to a petition by Josephine Hardy, the widow of Moses Hardy, to vacate an order made in the case of John U. MoOlellan v. Moses Hardy's Heirs, directing W. A. Bryan, as receiver, to pay over the money in his hands to the complainant in that case. The following is a literal copy of the order appointing a receiver.

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Appeal from tbe Chancery Court of Marshall County. Hon. S. C. Abbott, Chancellor. The case comes up from a decree sustaining a demurrrer to a petition by Josephine Hardy, the widow of Moses Hardy, to vacate an order made in the case of John U. MoOlellan v. Moses Hardy's Heirs, directing W. A. Bryan, as receiver, to pay over the money in his hands to the complainant in that case. The following is a literal copy of the order appointing a receiver. The order is styled of no case whatever. “ Upon Application for Receiver. “ This cause coming on upon the renewal of the application pending in this…

1Opinion of the CourtCampbell, J.

McClellan presented a petition to the Chancellor, stating that he had sold land to Moses Hardy on credit, and that Hardy had given him notes for the purchase-money, and had taken possession of the land, and died, without paying any part of the purchase-money; that Hardy’s estate was insolvent, and had no administrator, and the land was liable to trespass and damage ; that the petitioner had prepared and would file in a few days “ his bill to enforce the contract, and have the land sold to pay the purchase-money.” Therefore he prayed the appointment of a receiver to rent the land, and collect…

2Cases cited1 opinion

  1. Whitehead v. WootenMississippi Supreme Court · 1871

3Cited by11 opinions

  1. Jones v. Bank of LeadvilleSupreme Court of Colorado · 1887
  2. Pressley v. HarrisonIndiana Supreme Court · 1885
  3. Sharp v. StateMississippi Supreme Court · 1961
  4. Bank of Meadville v. HardyMississippi Supreme Court · 1909
  5. Guy v. DoakSupreme Court of Kansas · 1891

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