Rogers v. Mayer
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. Hon. L. Haughton, Chancellor. The appellant, trustee for the infant children of Martha L. Jamison, filed this bill to enjoin the execution of judgments obtained in the spring of 1879, by the appellees against her husband, alleging that soon after her marriage, her father, J. A. Walker, in 1861, gave her a note due him from William C. Coopwood, who paid the same to her husband in land, which he sold and used the money, and that…
Read the full summary
Appeal from the Chancery Court of Monroe County. Hon. L. Haughton, Chancellor. The appellant, trustee for the infant children of Martha L. Jamison, filed this bill to enjoin the execution of judgments obtained in the spring of 1879, by the appellees against her husband, alleging that soon after her marriage, her father, J. A. Walker, in 1861, gave her a note due him from William C. Coopwood, who paid the same to her husband in land, which he sold and used the money, and that after her death in 1868, J. T. Jamison, her husband, conveyed to the appellant on Jan. 27, 1879, shortly before the…
1Opinion of the CourtCooper, J.
The delivery by J. A. Walker of the note on Coopwood to J. T. Jamison, the husband of his daughter, soon after her marriage, was presumably intended by him as an advancement to the daughter; and the use of the note by the husband in purchasing property, the title of which was taken in his own name, made’ him debtor to his wife to the extent that the money advanced by her father was used in the purchase. Being thus indebted to his wife, he would have had the right to convey the lands described in the bill in payment or as security for the debt. The wife having died, he was under the same…
2Cited by1 opinion
- Palmer v. . CulbertsonNew York Court of Appeals · 1894