Waul v. Kirkman
Mississippi Supreme Court
In error from the circuit court of Yalobusha county; Hon. John Watts, judge. The plaintiff in error was sued as the executor of the last will and testament of Thomas Hurd, deceased, for a debt due to the defendant in error by Mrs. Hurd, in her lifetime. This debt was due by Mrs. Hurd, formerly Mrs. Smith, at the time of her intermarriage with Hurd.
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In error from the circuit court of Yalobusha county; Hon. John Watts, judge. The plaintiff in error was sued as the executor of the last will and testament of Thomas Hurd, deceased, for a debt due to the defendant in error by Mrs. Hurd, in her lifetime. This debt was due by Mrs. Hurd, formerly Mrs. Smith, at the time of her intermarriage with Hurd. An account was stated in March, 1843, during the life of Mrs. Hurd, which Hurd acknowledged to be correct, and on this account-stated the action is founded. Mrs. Hurd died in October, 1843, leaving Hurd her executor, in which capacity he acted…
1Opinion of the CourtJustice Handy
The merits of this case, as now presented, are not materially changed from what they were when it was heretofore in this court as reported in 13 S. & M. 599; and we consider that decision conclusive of it as it is now presented.
The object of the suit was to fix upon the testator of the plaintiff in error a personal liability for a debt due by his deceased wife, which it is alleged he became individually liable to pay after her death, he being her executor, in consideration of forbearance by the defendant in error; and the question is, whether he became so liable or not. The defence was, that…
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