Bartlett v. Sutherland
Court of Appeals of Mississippi
In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. This was an action of debt founded on the defendants’ writing obligatory for $500. The defendants pleaded that one Isham Stewart died, in the year 1848, seized of a certain tract of land in Madison county, having first made his last will and testament, whereby, among other things, he appointed Benjamin B. Frizell, Hugh A. H. Lawson, and John H. Dalton, his executors, and authorized and empowered…
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In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. This was an action of debt founded on the defendants’ writing obligatory for $500. The defendants pleaded that one Isham Stewart died, in the year 1848, seized of a certain tract of land in Madison county, having first made his last will and testament, whereby, among other things, he appointed Benjamin B. Frizell, Hugh A. H. Lawson, and John H. Dalton, his executors, and authorized and empowered them to sell any part of his property, and that said Frizell, under color of said will, and as executor of said Stewart,…
1Opinion of the CourtJustice Yerger
In the year 1848, Isham Stewart made his last will and testament, containing among other clauses one in the following words: “ I further will and deshe, that my executors hereinafter named shall be at liberty at any and all times, to sell or dispose of any part of my estate at private sale, if in their judgment it will promote the interest of my estate ; and that they shall be at liberty to sell for cash or on a credit, without any order of court for that purpose; and that they be permitted to compromise or arrange, at their discretion, any lawsuit or' debts that may be against me or my…
2Cases cited2 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Wooldridge's heirs v. WatkinsCourt of Appeals of Kentucky · 1814
3Cited by12 opinions
- Rice v. McMullenMississippi Supreme Court · 1949
- Freeman v. PrendergastSupreme Court of Georgia · 1894
- Tarver v. HainesSupreme Court of Alabama · 1876
- Virginia Trust Co. v. BufordMississippi Supreme Court · 1920
- Clark v. HornthalMississippi Supreme Court · 1872
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