Buckley v. Daley
Mississippi Supreme Court
Ebbob to the chancery court of Lawrence county. Mill-saps, J. The facts appear in the opinion of the court. The Devised Code of 1857, p. 308, art. 12, provides that “ estates of any kind, etc., may be sold under execution at law, so as pass whatever interest the cestui que trust may have.”
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Ebbob to the chancery court of Lawrence county. Mill-saps, J. The facts appear in the opinion of the court. The Devised Code of 1857, p. 308, art. 12, provides that “ estates of any kind, etc., may be sold under execution at law, so as pass whatever interest the cestui que trust may have.” “An estate in lands, tenements and hereditaments signifies such interest as the tenant has therein.” 2 Black. 104. So, when the statute speaks of “estates of any kind,” it “signifies such interest” as the debtor may have therein. To hold that this statute does not render the interest of the mortgagee liable…
1Opinion of the Court
Peyton, C. J.:
On the 7th day of October, 1869, Margaret A. Buckley and Nannie M. Buckley, a minor under the age of twenty-one years, by her next friend, Margaret A. Buckley, filed *344their bill of complaint in the chancery court of Lawrence county, against John Daley, John M. Back and Adnon H. Bement, alleging that B. C. Buckley departed this life on the 22d day of November, 1868, leaving a will whereby he devised and bequeathed to the complainant, Margaret A. Buckley, and her daughter, the said Nannie M. Buckley, all his estate, both real and personal, to be equally divided between them during…
2Cases cited1 opinion
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
3Cited by8 opinions
- Brady v. John Hancock Mut. Life Ins. Co.Mississippi Supreme Court · 1977
- Haggart v. WilczinskiCourt of Appeals for the Fifth Circuit · 1906
- Wirtz v. GordonMississippi Supreme Court · 1938
- Adams v. Colonial & United States Mortgage Co.Mississippi Supreme Court · 1903
- Sharpe v. Wells Fargo Home Mortgage (In Re Sharpe)United States Bankruptcy Court, N.D. Alabama · 2008
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