Wood v. Stafford
Mississippi Supreme Court
Appeal from the Chancery Court of Montgomery County. Hon. D. P. Coffey, Chancellor. The facts of the case sufficiently appear in the opinion of the court.
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Appeal from the Chancery Court of Montgomery County. Hon. D. P. Coffey, Chancellor. The facts of the case sufficiently appear in the opinion of the court. The error complained of was the dismissing of the bill. 1. That Stafford, by virtue of his marital relation, was a trustee for the wards of his wife, and that in law he will be held to account as strictly as though he had been the actual guardian. 2. That is a well settled principle of law that the cestui que trust, or ward, can elect to recover from the trustee or guardian, either the money or the property that the money purchased.…
1Opinion of the CourtSimrall, J.
Mrs. Williams, in 1853, was appointed guardian of her minor children; subsequently she married one Stafford. Before her marriage she had loaned to her father, of her wards’ money, one thousand dollars. In 1858, Stafford, her husband, bought the land in controversy, and paid for it by crediting Mr. —, the vendor, with $800, the price of it, on his note for the borrowed money. This purchase and mode of payment was with the consent of Mrs. Stafford, his wife.
• The complainant, the surviving ward of Mrs. Stafford, brings this suit in equity, to recover the land, on the ground that the fiduciary…
2Cases cited3 opinions
- Faler v. JordanMississippi Supreme Court · 1870
- Griffin v. LowerMississippi Supreme Court · 1859
- Pressly v. EllisMississippi Supreme Court · 1873
3Cited by3 opinions
- Burtnett v. First National BankMichigan Supreme Court · 1878
- Garner v. TownesMississippi Supreme Court · 1924
- Flynt v. FondrenMississippi Supreme Court · 1920