Hill v. Robertson
Court of Appeals of Mississippi
On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. The facts of the case are contained in the opinion of the court and the briefs filed in the case by the counsel. I wish briefly to notice one single phase of the case. The supplemental answer of Mrs. Hill alleges, (and in this proceeding the allegation must be held for true,) that all the debts due by and from the Commercial Bank have been paid.
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On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. The facts of the case are contained in the opinion of the court and the briefs filed in the case by the counsel. I wish briefly to notice one single phase of the case. The supplemental answer of Mrs. Hill alleges, (and in this proceeding the allegation must be held for true,) that all the debts due by and from the Commercial Bank have been paid. On this state of facts, what is the law arising? We are earnestly to look at it, and sternly to apply the law. It is a rule admitted by our courts, that upon the extinction…
1Opinion of the CourtJustice Fisher
This is an appeal from an interlocutory decree of the chancellor appointing a receiver.
The complainants below filed their bill in the superior court of chancery against Isaac Sellars, the intestate, to foreclose a certain mortgage by him executed on the land and slaves therein specified. The bill alleges the insolvency of the mortgagor, and the insufficiency of the property to pay the debts seemed, which appear to be large.
The execution of the mortgage and notes therein named, is admitted by the answer, but the insolvency is denied. This denial, however, is argumentative, and the question of…
2Cited by5 opinions
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