Newman v. Elam
Mississippi Supreme Court
In error from the Circuit Court of Ada^s county. Hon. Stan-hope Posey, judge. The proceedings in the court below are sufficiently stated in the opinion of the court.
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In error from the Circuit Court of Ada^s county. Hon. Stan-hope Posey, judge. The proceedings in the court below are sufficiently stated in the opinion of the court. We hold that this action cannot be maintained, because:— 1. No action lies to recover back money paid voluntarily and without compulsion, where the party receiving the money is not guilty of fraud, and where both parties are equally cognizant, or are possessed of the means of becoming cognizant of the facts upon which their rights depend. Mayor, $c. v. Judah, 5 Leigh, 318; Robinson v. Oity Council, ¿•c., 2 Rich. 317; Grower v.…
1Opinion of the Court
HaNdy, J.,
delivered tbe opinion of tbe court.
This was an action at law in tbe Circuit Court of Adams county, to recover a sum of money paid by tbe defendant in error, to tbe plaintiff in error, as sheriff and tax collector of that county, wbicb sum of money, it is alleged, tbe plaintiff in error, as sheriff and collector, claiming to act under direction from tbe auditor of public accounts of this state, in April, 1850, collected from tbe defendant in error as a vendor of slaves, in Adams county, and for sales of slaves made by him in that county, for tbe fiscal year *511commencing with. March,…
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