Currie v. Stewart
Mississippi Supreme Court
In error from the circuit court of Hinds county; Hon. R. Barnett, Judge. William C. Currie, as administrator of the estate of Abraham Whitaker, deceased,-sued upon a writing obligatory executed by William B. Stewart et al., for the purchase-money of a tract of land sold by Currie, administrator, &c., under an order of the probate court of Hinds county.
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In error from the circuit court of Hinds county; Hon. R. Barnett, Judge. William C. Currie, as administrator of the estate of Abraham Whitaker, deceased,-sued upon a writing obligatory executed by William B. Stewart et al., for the purchase-money of a tract of land sold by Currie, administrator, &c., under an order of the probate court of Hinds county. The defence set up by Stewart et al. to the note was, that the sale of the land by the administrator was made without any legal authority, the proceedings and order of sale in the probate court being irregular and void. Whitaker, the deceased,…
1Opinion of the CourtJustice Handy
The plaintiff in error brought this action against the defendants upon a writing obligatory executed by them to him for the purchase-money of a tract of land sold by the plaintiff under an order of the probate court of Hinds county. The defence in the court below was in substance, that the sale was made without rightful authority, the proceedings and order of sale in the probate court being irregular and void. The material facts necessary to be noticed appear in the petition and proceedings in the probate court. The petition is in the name of the plaintiff, as administrator of Abraham…
2Cited by6 opinions
- Root v. McFerrinMississippi Supreme Court · 1859
- Bachelor v. KorbNebraska Supreme Court · 1899
- Hamilton v. LockhartMississippi Supreme Court · 1867
- Clay v. FieldSupreme Court of the United States · 1885
- Bank of Philadelphia v. PoseyMississippi Supreme Court · 1922
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