Boyce v. Francis
Mississippi Supreme Court
Appeal from the Chancery Court of Lee County. Hon. Laeayette Haughton, Chancellor. The appellant filed an original bill in chancery against the widow and heirs of S. M. Francis, the heirs of Kerr Boyce, and the administrator and heirs of Farish Carter, alleging that one Drane, as agent for Boyce & Carter, land-owners, on June 29, 1860, sold to S. M. Francis a quarter-section of land, making a bond for title in the name of Boyce & Carter, and receiving the purchase-price…
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Appeal from the Chancery Court of Lee County. Hon. Laeayette Haughton, Chancellor. The appellant filed an original bill in chancery against the widow and heirs of S. M. Francis, the heirs of Kerr Boyce, and the administrator and heirs of Farish Carter, alleging that one Drane, as agent for Boyce & Carter, land-owners, on June 29, 1860, sold to S. M. Francis a quarter-section of land, making a bond for title in the name of Boyce & Carter, and receiving the purchase-price partly in cash and the balance in S. M. Francis’s notes: that about 1862, S. M. Francis died, the notes being then unbarred,…
1Per curiam
This case falls within the principle announced in Mhoon v. Wilkerson, Exr., 47 Miss. 633, and Kimbrough v. Curtis et al., 50 Miss. 117 ; and laying out of view the partition of the lands of Boyce & Carter, set forth in the bill, a case is presented which entitles complainant to a decree.
The notes are not barred, because the bill shows that no administration has been had on the estate of Francis, their maker. Code, sect. 2162.
Decree reversed, demurrer to amended and original bill overruled, and cause remanded for defendants to answer in thirty days after the mandate herein shall have been…
2Cases cited2 opinions
- Kimbrough v. CurtisMississippi Supreme Court · 1874
- Mhoon v. WilkersonMississippi Supreme Court · 1873
3Cited by2 opinions
- American Funding Corp. v. PenningtonMississippi Supreme Court · 1914
- Rembert v. KeyMississippi Supreme Court · 1880