Washington v. McCaughan
Mississippi Supreme Court
In error from the Circuit Court of Harrison county. Hon. William M. Hancock, judge. John J. McCaughan, as administrator of Randall Bingham, brought an action against Fairfax Washington et al. to recover the amount of a bond, executed by the defendants to the plaintiff. To this action the defendants filed seven pleas. 1st. The general issue. 2d.
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In error from the Circuit Court of Harrison county. Hon. William M. Hancock, judge. John J. McCaughan, as administrator of Randall Bingham, brought an action against Fairfax Washington et al. to recover the amount of a bond, executed by the defendants to the plaintiff. To this action the defendants filed seven pleas. 1st. The general issue. 2d. That the bond was given in consideration of a sale of land by plaintiff, as administrator of Bingham, and that be had made no deed to the defendants for the same. To this plea the plaintiff filed a replication, setting out that he bad executed a deed,…
1Opinion of the Court
Fishbe,, J.,
delivered the opinion of the court.
Tbe defendants below pleaded that the obligation, upon which the suit was brought, was given to secure the payment of the purchase-money of certain real estate, sold by the plaintiff as administrator of the estate of one Randall Bingham, deceased, under an order of the Probate Court of Harrison county; and that the plaintiff omitted to execute a bond at the time of obtaining the said order, as * required by the second section of the Act of the 16th of December, 1830.
To which the plaintiff replied, that it was .true he failed to execute said bond,…
2Cited by5 opinions
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