Clopton v. Matheny
Mississippi Supreme Court
Appeal from tlie chancery court of Monroe county. Whitfield, Chancellor. A full statement of the case is given in thé opinion of the court. If the wife is liable for the debt, and the husband was her agent in the purchase, then the decree is wrong as against the husband, and he is in no way liable for it.
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Appeal from tlie chancery court of Monroe county. Whitfield, Chancellor. A full statement of the case is given in thé opinion of the court. If the wife is liable for the debt, and the husband was her agent in the purchase, then the decree is wrong as against the husband, and he is in no way liable for it. Bacon v. Beavan et al. 44 Miss. 295, 296. We shall show hereafter that this property of the wife was not.held under the WOman’s Law of Mississippi, but by the special provisions of the will. For the present, we will show that, if held under the Woman’s Law of Mississippi of 1857, there is no…
1Opinion of the Court
SlMRALL, J. :
■ J. II. Clopton purchased, in 1860, for the use of his wife’s plantation, a gin-stand, to be paid for out of the cotton crop of that year. Bickett and Tindall, from *294wliom the purchase was made, transferred the debt to J. M. Matheny. In 1865, Clopton gave his note for the account to Matheny, the complainant, who indorsed it to Miffleton & Odeneal.
The indorsees sued the maker and the indorser, and recovered judgment against both. Clopton was pursued to insolvency by the return of nulla bona on the execution. Thereupon, Matheny paid the recovery, and brought this suit in equity to…
2Cases cited2 opinions
- Wylly v. S. Z. Collins & Co.Supreme Court of Georgia · 1851
- Guion v. DohertyMississippi Supreme Court · 1871
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- Hodges v. Darden Bros.Mississippi Supreme Court · 1875
- Porter v. CasparMississippi Supreme Court · 1877