Magee v. Leggett
Mississippi Supreme Court
Appeal from the chancery court of Covington county. Gowan, Chancellor. The estate of Stewart, deceased, recovered a judgment of the circuit court against the estate of Joshua R. White, deceased, and the estate of J. B. Hathorn, deceased, founded on a promissory note executed by said Hathorn and White in their lifetime, Hathorn having signed the note as surety for White.
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Appeal from the chancery court of Covington county. Gowan, Chancellor. The estate of Stewart, deceased, recovered a judgment of the circuit court against the estate of Joshua R. White, deceased, and the estate of J. B. Hathorn, deceased, founded on a promissory note executed by said Hathorn and White in their lifetime, Hathorn having signed the note as surety for White. McNair, administrator of Stewart, transferred an interest, amounting to $160, in this judgment, to Wilkinson, who transferred this interest to Mrs. M. C. Magee, the present holder of this interest, leaving $406.20 of the…
1Opinion of the Court
SlMEALL, J. :
On the 26th September, 1866, A. S. Harper, administrator of Hathorn, deceased, compromised with McNair, administrator of Stewart, deceased, the liability of his intestate, as surety on a note merged into a judgment, by paying $400, part of the debt, in consideration of which his intestate’s estate was released and discharged from the debt. The bill seeks subrogation, pro tanto, to the rights of the creditor, to whom the payment was made.
The first question to be disposed of is, when does the *144statute of limitations begin to run ? that being set up as one of tbe special causes of…
2Cases cited5 opinions
- Kyner v. KynerSupreme Court of Pennsylvania · 1837
- Stamford Bank v. BenedictSupreme Court of Connecticut · 1843
- Bank of Pennsylvania v. PotiusSupreme Court of Pennsylvania · 1840
- Scott v. NicholsMississippi Supreme Court · 1854
- Matthews v. SontheimerMississippi Supreme Court · 1860
3Cited by12 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Columbia Finance & Trust Co. v. Kentucky Union Ry. Co.Court of Appeals for the Sixth Circuit · 1894
- Rooker v. BensonIndiana Supreme Court · 1882
- Bradley v. BentleySupreme Court of Alabama · 1935
- Carithers v. StuartIndiana Supreme Court · 1882
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