Buckingham v. Walker
Mississippi Supreme Court
Error to the circuit court of Monroe county. Boone, J. To an action of debt instituted by an administrator against an executrix, on the 27th of April, 1866, on a promissory note due August 10, 1859, the defendant pleaded: 1. General issue. 2 and 3. Non estfadum. 4. Limitation of six years and nine months since maturity of the note. 5. Limitation of four years and nine months since the grant of letters testamentary. 6. Limitation of two years after notice to creditors to…
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Error to the circuit court of Monroe county. Boone, J. To an action of debt instituted by an administrator against an executrix, on the 27th of April, 1866, on a promissory note due August 10, 1859, the defendant pleaded: 1. General issue. 2 and 3. Non estfadum. 4. Limitation of six years and nine months since maturity of the note. 5. Limitation of four years and nine months since the grant of letters testamentary. 6. Limitation of two years after notice to creditors to present claims for probate and registry, there having been no presentation of such claims sued on. 7. Payment. 8. That after…
1Opinion of the Court
Simkall, J.:
The “ agreed case,” settled by counsel, submits six questions, which cover all the substantial points raised in the record.
1. Is the testimony sufficient to sustain the verdict on the pleas of non estfactum? The promissory notes were signed by Cocke and Buckingham. There was evidence before the jury that Buckingham, the testator, and Stephen Cocke were partners in planting; that their business relations were most intimatp, as were their personal relations, being those of uncle and nephew; they were also joint owners of property. Most of the testimony was to the point, whether the…
2Cases cited5 opinions
- Faler v. JordanMississippi Supreme Court · 1870
- Guion v. DohertyMississippi Supreme Court · 1871
- Bingaman v. RobertsonMississippi Supreme Court · 1853
- Griffing v. MillsMississippi Supreme Court · 1866
- Duncan v. Samuel M'Neill & Co.Mississippi Supreme Court · 1856
3Cited by5 opinions
- Sivley v. SummersMississippi Supreme Court · 1880
- Riggs v. StateCourt of Appeals of Mississippi · 1999
- Rogers v. RosenstockMississippi Supreme Court · 1918
- Johnson v. WalkerMississippi Supreme Court · 1905
- Turley v. IngramMississippi Supreme Court · 1884