Mitchell v. Mitchell
Mississippi Supreme Court
ERROR to the Circuit Court of Madison county. Hon. E. Gr. Henry, judge. The declaration avers that A. J. D. Mitchell, husband of plaintiff, had and received $2000, to and for the sole and separate use of plaintiff, at the time of their marriage; that this money was given to and belonged to plaintiff, and was delivered to said A. J. D. Mitchell at that time; that he retained this money (except $800) till his death, when it went into the hands of defendant, his executor.
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ERROR to the Circuit Court of Madison county. Hon. E. Gr. Henry, judge. The declaration avers that A. J. D. Mitchell, husband of plaintiff, had and received $2000, to and for the sole and separate use of plaintiff, at the time of their marriage; that this money was given to and belonged to plaintiff, and was delivered to said A. J. D. Mitchell at that time; that he retained this money (except $800) till his death, when it went into the hands of defendant, his executor. To this declaration a general demurrer was filed, which was sustained by the court below, and judgment rendered for…
1Opinion of the CourtHandy, J.
The declaration in this case alleges, that in the year 1851, at the time of the plaintiff’s marriage with A. J. D. Mitchell, the defendant’s testator, the said testator had and received, to and for the sole and separate use of the plaintiff, the sum of two thousand dollars, which sum was given and belonged to the plaintM^asid rvas delivered to the said testator, and was retained by hfm^ntity^^,, his death, when it went into the hands of the defendant/lhis exe'-*' -A,? *114cutor; and demands judgment for the amount against the defendant.
To this, the defendant demurred generally, and the demmurer…
2Cases cited2 opinions
- Coulter v. RobertsonCourt of Appeals of Mississippi · 1852
- Lowery v. CraigMississippi Supreme Court · 1855
3Cited by6 opinions
- Jacobs v. CornilsSupreme Court of Iowa · 1914
- Willis v. GattmanMississippi Supreme Court · 1876
- Fairly v. FairlyMississippi Supreme Court · 1859
- Carr v. DingsSupreme Court of Missouri · 1873
- Frisco Lumber Co. v. WaldockSupreme Court of Oklahoma · 1918
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