Legal Opinion

Westbrook v. Munger

Mississippi Supreme Court

Decided October 15, 1883PublishedCited by 3 opinions

Appeal from the Chancery Court of Clay County. Hon. Frank A. Critz, Chancellor. The facts are stated in the opinion. 1. There was no jurisdiction and no equity. Code 1880, § 1738, 1739; Hall v. Green, 60 Miss. 47 ; Fleming v. Grafton, 54 Miss. 79; Story’s Equity Pleadings, §§ 227, 513-514. 2. The Statute of Limitations and Laches.

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Appeal from the Chancery Court of Clay County. Hon. Frank A. Critz, Chancellor. The facts are stated in the opinion. 1. There was no jurisdiction and no equity. Code 1880, § 1738, 1739; Hall v. Green, 60 Miss. 47 ; Fleming v. Grafton, 54 Miss. 79; Story’s Equity Pleadings, §§ 227, 513-514. 2. The Statute of Limitations and Laches. Code 1871, § 1265; Code 1857, § 555, art. 97 ; Code 1871, §§ 1176,1193; KerrisonvStewart, 93 U. S. 149-163; Meeks v. Olpherts, 100 U. S. 564; Fressly, v. Ellis, 48 Miss. 584; Rorer on Judicial Sales, §§ 26, 212; Moore v. Schultz, 13 Pa. St. 102; Rawlings v. Baily,…

1Opinion of the CourtCooper, J.

In the year 1855 one Moye was, by the Probate Court of Lowndes County, appointed guardian of the appellant. In 1866 Moye died in Monroe County and letters of administration of his estate were granted by the probate court of that county to one Adams. The appellant by his next friend filed his petition in the Probate Court of Lowndes County to compel Adams as administrator of Moye to render a final account of the guardianship accounts, and *333on that settlement the estate of the guardian' was found indebted to the ward in the sum of forty-three thousand nine hundred and eighty dollars and…

2Cases cited4 opinions

  1. Fox v. KittonIllinois Supreme Court · 1858
  2. Rosenthal v. RenickIllinois Supreme Court · 1867
  3. Moore v. EllsworthIllinois Supreme Court · 1869
  4. Ferguson v. ScottMississippi Supreme Court · 1873

3Cited by3 opinions

  1. Taylor v. Board of SupervisorsMississippi Supreme Court · 1892
  2. Aetna Ins. v. RobertsonMississippi Supreme Court · 1922
  3. Westbrook v. MungerMississippi Supreme Court · 1884

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