Legal Opinion

Gusdofer v. Gundy

Mississippi Supreme Court

Decided October 15, 1894PublishedCited by 3 opinions

From the chancery court of Sharkey county. Hon. Claude PiNtard, Chancellor. Bill by Maria Mitchell, Amanda Davis, Pearly Harris, Stella Gundy and Sargent Gundy, the last two being minors, suing by next friend, against R. P. Gundy, N. L. Gundy and Jacob Gusdofer.

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From the chancery court of Sharkey county. Hon. Claude PiNtard, Chancellor. Bill by Maria Mitchell, Amanda Davis, Pearly Harris, Stella Gundy and Sargent Gundy, the last two being minors, suing by next friend, against R. P. Gundy, N. L. Gundy and Jacob Gusdofer. The bill alleges that complainants and defendants, with the exception of Jacob- Gusdofer, are the children and sole heirs of Lloyd Gundy, who died in December, 1890, possessed of certain real and' personal estate; that Lloyd Gundy in his lifetime, to secure a large indebtedness to said Gusdofer, had executed a deed of trust on his…

1Opinion of the CourtWhitfield, J.

This is not a bill of review. We have nothing in the former record before us except the decree. It does not seek to re-open the decree and vacate it entirely (the purchaser is not a party defendant), but only to set it aside so far as may be necessary to enable the complainants to obtain a personal decree against appellant for nine hundred and twenty-five dollars, being two-sevenths of the five hundred and twenty-five dollars paid appellant out of the proceeds of the realty, and of the amount received by him from the insurance on the gin bouse on said realty. The decree by consent was…

2Cases cited1 opinion

  1. Johns v. HarperMississippi Supreme Court · 1883

3Cited by3 opinions

  1. Rankin v. SchofieldSupreme Court of Arkansas · 1905
  2. Lake v. PerryMississippi Supreme Court · 1909
  3. Derrisaw v. SchafferDistrict Court, E.D. Oklahoma · 1934

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