Ellis v. McGee
Mississippi Supreme Court
Appeal from the Chancery Court of Prentiss County. Hon. Baxter McFarland, Chancellor. In December, 1884, Jno. N. McGee, guardian of Lucinda M. McGee, a minor, heir of his deceased wife, M. M. McGee, exhibited his bill against Geo.
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Appeal from the Chancery Court of Prentiss County. Hon. Baxter McFarland, Chancellor. In December, 1884, Jno. N. McGee, guardian of Lucinda M. McGee, a minor, heir of his deceased wife, M. M. McGee, exhibited his bill against Geo. S. Ellis and J. Q. Eobins, the latter being administrator of the estate of J. B. Ellis, deceased, which set out, in substance, that in 1857 J. B. Ellis was appointed administrator of the estate of one George Burton ; that in 1874 a decree was rendered against J. B. Ellis, as such administrator, for four thousand four hundred and eighty-three dollars and thirty-three…
1Opinion of the CourtCampbell, J.
The. equity of this bill is transparent and abundant. Garner v. Lyles, 35 Miss. 176.
The statute of limitations is not a defence, because of the infancy of the ward to whom the money is due by the decree. Bacon v. Gray, 23 Miss. 140; Fearn v. Shirley, 31 Miss. 301; Pearson v. McMillan, 37 Miss. 588 ; Pittman v. McClellan, 55 Miss. 299 ; Eckford v. Evans, 56 Miss. 18.
The bar has not become complete by § 2694 of the Code of 1880, and therefore the case is governed by the Code of 1871, under which the cases cited govern.
Affirmed.
2Cases cited6 opinions
- Bacon v. GrayMississippi Supreme Court · 1851
- Fearn v. ShirleyMississippi Supreme Court · 1856
- Pearson v. McMillanMississippi Supreme Court · 1859
- Eckford v. EvansMississippi Supreme Court · 1878
- Pittman v. McClellanMississippi Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Patty v. WilliamsMississippi Supreme Court · 1894