Legal Opinion

Woods v. Elliott

Mississippi Supreme Court

Decided October 15, 1873PublishedCited by 1 opinion

Appeal from the chancery court of Yalobusha county, Hon. DeWitt STEARNS, Chancellor: The bill was filed to the November term, 1872, of the chancery court of Yalobusha county, to recover from John and Eliza Elliott, guardians of George L. Davidson, a minor, and sole heir of F. L. Davidson, deceased, the sum of $273.55, paid out by him as administrator de bonis non of said decedent, in the compromise of a debt due from said decedent.

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Appeal from the chancery court of Yalobusha county, Hon. DeWitt STEARNS, Chancellor: The bill was filed to the November term, 1872, of the chancery court of Yalobusha county, to recover from John and Eliza Elliott, guardians of George L. Davidson, a minor, and sole heir of F. L. Davidson, deceased, the sum of $273.55, paid out by him as administrator de bonis non of said decedent, in the compromise of a debt due from said decedent. The bill sets out the following state of facts: Said Davidson and one Robertson, partners in trade, on the 1st day of January, 1861, executed their promissory note…

1Opinion of the CourtPeyton, C. J.

This is an appeal from a decree of the chancery court, sustaining the defendants’ demurrer to, and dismissing the complainant’s bill.

The facts of the case are, that E. L. Davidson and Jesse Bobertson, residents of the State of Mississippi, on the 1st day of January, 1861, executed their promissory note of that date for $837.03, to Wesson & Cox, residents of the State of New York, payable ten months thereafter, which was indorsed by them to the Shoe and Leather Bank of the city of New York, in the State of New York! That said P. L. Davidson, died intestate, on, or about the 20th of December,…

2Cited by1 opinion

  1. Boyd v. LowryMississippi Supreme Court · 1876

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