Legal Opinion

Simmons v. Holmes

Mississippi Supreme Court

Decided October 15, 1873Published

Appeal from the chancery court of Holmes county. Hon. J. J. Hooker, Chancellor. Complainant’s bill seeks recovery on a writing obligatory of $4911.14, which, he charges, was executed by J. S. Simmons and L. B. Simmons, payable to Elijah Russell, President of the Board of Trustees for the purchase money of a certain sixteenth section, sold to them, and due the 18th of January, 1863 ; that complainant is County Superintendent of Education of Holmes county; both obligors are…

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Appeal from the chancery court of Holmes county. Hon. J. J. Hooker, Chancellor. Complainant’s bill seeks recovery on a writing obligatory of $4911.14, which, he charges, was executed by J. S. Simmons and L. B. Simmons, payable to Elijah Russell, President of the Board of Trustees for the purchase money of a certain sixteenth section, sold to them, and due the 18th of January, 1863 ; that complainant is County Superintendent of Education of Holmes county; both obligors are dead; S. B. Simmons died testate, and J. M. Simmons is his executor, without surety; S. B. Simmons, at his death, held a…

1Opinion of the CourtTabbell, J.

The real question, as is supposed, upon which a writ of 'error was prosecuted, in this case, arises upon the right of a County Superintendent of Education, under our present school system, to enforce collection of a note given for the purchase of a “sixteenth section,” and made payable to the President of a Board of Trustees under a former mode of conducting our educational affairs.

It is contended by counsel, that the “ sixteenth section,” and the funds arising therefrom, are vested in the townships, and cannot be diverted without a violation of constitutional guarantees, and hence, it is…

2Cases cited4 opinions

  1. Connor v. BradleySupreme Court of the United States · 1843
  2. Branch Bank of Alabama at Mobile v. RhewMississippi Supreme Court · 1859
  3. Payne v. HarrellMississippi Supreme Court · 1866
  4. Perry v. WestMississippi Supreme Court · 1866

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