McAnulty v. Hodges
Mississippi Supreme Court
In error from the Circuit Court of Pike county. Hon. John E. McNair, judge. This was an action by McAnulty and Prestridge, administrators of Samuel Prestridge, against Amos Hodges, to recover the sum of $250, which they alleged the defendant owed for the purchase of a gin-head, press, &c., at a Sale made by them of their intestate’s effects. The defendant pleaded the general issue, and the cause was submitted to a jury, upon the following agreed state of facts.
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In error from the Circuit Court of Pike county. Hon. John E. McNair, judge. This was an action by McAnulty and Prestridge, administrators of Samuel Prestridge, against Amos Hodges, to recover the sum of $250, which they alleged the defendant owed for the purchase of a gin-head, press, &c., at a Sale made by them of their intestate’s effects. The defendant pleaded the general issue, and the cause was submitted to a jury, upon the following agreed state of facts. “ That the gin-head, running-gear, &c., sued for, were sold by the plaintiffs as administrators of S. Prestridge, deceased, at a…
1Opinion of the CourtFisher, J.
The agreed state of facts shows that the defendant below was liable for the amount claimed by the plaintiffs. The sale was not *581void, but at most only voidable, at the instance of parties who might be injured, if the property had been sold for less than its real value.
But no other person can take advantage of the wrong, and especially will not the party committing the wrong, be allowed to complain.
He can, under no circumstances, resist payment without an offer to return the property.
Under this state of case, the judgment is reversed, new trial granted, and cause remanded.
2Cited by1 opinion
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