Jeffries v. Dowdle
Mississippi Supreme Court
Appeal from the Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. Ou the 16th day of December, 1867, Alexander Jeffries filed a petition in the Probate Court of Noxubee County setting forth that "Walter Jones Tate ivas a minor and also non convpos mentis, and asked tó be appointed his guardian. Letters of guardianship were accordingly issued to him.
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Appeal from the Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. Ou the 16th day of December, 1867, Alexander Jeffries filed a petition in the Probate Court of Noxubee County setting forth that "Walter Jones Tate ivas a minor and also non convpos mentis, and asked tó be appointed his guardian. Letters of guardianship were accordingly issued to him. The order granting the letters recited that letters were to issue to guardian over the person and estate of the minor, but was silent as to whether or not the ward was a lunatic. On the 5th day of October, 1869, Walter Jones Tate…
1Opinion of the CourtCampbell, C. J.
Upon the facts presented by this record it seems to us that § 2173 ‘of the Code of 1871 barred the action as to all the land sued for which was sold by virtue of the order of the probate court. Jeffries was such guardian as was embraced by the statute cited. Hall v. Wells, 54 Miss. 289. And the sale appears to have been made in good faith and the purchase-money was paid. It devolves on him who invokes the bar of that statute to show the conditions which make it applicable^ viz.: That the sale was made in good faith, to execute an order of sale made by the probate court, and that the…
2Cases cited1 opinion
- Hall v. WellsMississippi Supreme Court · 1877
3Cited by6 opinions
- Grant v. MontgomeryMississippi Supreme Court · 1942
- Pennington v. PurcellMississippi Supreme Court · 1929
- Gibson v. CurrierMississippi Supreme Court · 1903
- Dendy v. Commercial Bank & Trust Co.Mississippi Supreme Court · 1926
- Jordan v. BobbittMississippi Supreme Court · 1907
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