Legal Opinion

Scott v. Porter

Mississippi Supreme Court

Decided October 15, 1870PublishedCited by 3 opinions

Appeal from tii£ probate court of Franklin county. Magee, J. The facts appear in the opinion of the court. The plaintiff in error made the following assignment of errors : 1st. It was error in the court to render a decree against appellants, and by such decree condemn their lands to be sold in satisfaction of the sum found due appellee. 2d. It was error in the court to render a money decree in favor ofuthe guardian against the ward and award execution thereon.

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Appeal from tii£ probate court of Franklin county. Magee, J. The facts appear in the opinion of the court. The plaintiff in error made the following assignment of errors : 1st. It was error in the court to render a decree against appellants, and by such decree condemn their lands to be sold in satisfaction of the sum found due appellee. 2d. It was error in the court to render a money decree in favor ofuthe guardian against the ward and award execution thereon. The court will perceive that the record discloses that the probate court rendered a* decree on passing the final account Of the…

1Opinion of the Court

SlMRALL, J.:

This writ of error is prosecuted by Rowena 0. Scott (formerly Higgenbottam) and Thos. J. Scott, her husband, to review the final settlement of W. M. Porter, guardian of the said Rowena 0.

The record is very imperfect, barren of matter as to the facts and evidence before the probate court; there is nothing in the record, except the final account, the exceptions thereto, and the decree which contains a recital that the ward and her husband appeared and waived citation. There ’was a balance ascertained due the guardian, with which the ward was charged, and to enforce which he was…

2Cases cited1 opinion

  1. Root v. McFerrinMississippi Supreme Court · 1859

3Cited by3 opinions

  1. Lothrop v. DuffieldMichigan Supreme Court · 1903
  2. Simpson v. PhillipsMississippi Supreme Court · 1932
  3. City of Pascagoula v. SharpMississippi Supreme Court · 1924

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