Brown v. Barlow
Mississippi Supreme Court
Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton, Jr., Chancellor. The facts in this case are fully stated in the opinion of the court.
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Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton, Jr., Chancellor. The facts in this case are fully stated in the opinion of the court. The dismissing of the complainant’s bill is assigned for error. filed an elaborate brief, insisting that the guardian is not estopped, by his annual accounts, from enforcing his lien against the defendant in the court below, and cited the following authorities, to wit: Baines v. McGee, 1 S. & M., 208 ; Lambeth v. Elder, 44 Miss., 80; How. & Hut. Dig., p. 410, sec. 10; Hutch. Code, p. 675, art. 8, sec. 8 ; Miller v. Helm, 2 S. & M., 698-9;…
1Opinion of the CourtSimrall, J.
In 1858, Timothy Brown, guardian, for two minors, sold their real estate, under decree of the probate court, to R. J. Catchings, who, with personal sureties, executed his notes for the price,. $4,320.91. A year afterwards, Catchings sold and conveyed the , same land, at the same price, to C. R. Smith. In 1866, Smith sold and conveyed to Mary Barlow, the appellee, for $3,500.
Catchings and Smith, in their separate answers, state that when the negotiatiations were pending between them, for the purchase by the latter from the former, Catchings proposéd to sell upon the-terms that Smith should pay…
2Cases cited2 opinions
- McFarlane v. RandleMississippi Supreme Court · 1867
- Lambeth v. ElderMississippi Supreme Court · 1870
3Cited by1 opinion
- Reily v. CrymesMississippi Supreme Court · 1936