Scruggs v. Blair
Mississippi Supreme Court
Appeal from the chancery court of Marshall county. STEARNS, J. The facts appear in the opinion of the court. Assignment of error: The court below erred in sustaining the demurrer and dismissing the complainant’s bill. We insist that the remedy of appellants is in a court of chancery ; by.this remedy alone can the interest of the heirs of A. J. Rugby in this property be subjected to the payment of the debts of appellants.
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Appeal from the chancery court of Marshall county. STEARNS, J. The facts appear in the opinion of the court. Assignment of error: The court below erred in sustaining the demurrer and dismissing the complainant’s bill. We insist that the remedy of appellants is in a court of chancery ; by.this remedy alone can the interest of the heirs of A. J. Rugby in this property be subjected to the payment of the debts of appellants. Real estate purchased with the funds of a partnership and the title taken in the name of the firm, will he held in equity, subject to partnership debts, but in all other…
1Opinion of the Court
SlMRALl, J.:
The bill is brought against Jas. D. Blair and Jno. J. Blair, resident citizens of the state of Louisiana, and the unknown heirs of A. J. Rugby, and W. J. Britton, W. T. Withers, and Lloyd R. Coleman, non-residents, except W. T. Withers, who resides in Hinds county, Miss., and alleges that on the 4th of January, 1859, Rugby, Jno. A. and Jas. D. Blair, partners, under the firm name and style of Rugby, Blair & Co., doing-business in New Orleans, La., purchased, with the partnership assets, a parcel of land in Holly Springs, in this state, set out in the bill, for which a deed was…
2Cases cited2 opinions
- Buckley v. BuckleyNew York Supreme Court · 1850
- Bingaman v. HyattMississippi Chancery Courts · 1843
3Cited by14 opinions
- M P I, Inc. v. McCulloughDistrict Court, N.D. Mississippi · 1978
- McGrath v. SinclairMississippi Supreme Court · 1877
- T. H. & J. M. Allen & Co. v. MontgomeryMississippi Supreme Court · 1873
- Pitts v. CarothersMississippi Supreme Court · 1929
- Dinwiddie v. GlassMississippi Supreme Court · 1916
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