Red v. Powers
Mississippi Supreme Court
Prom the circuit court of Holmes county. Hon. C. H. Campbell, Judge. In January, 1889, G. I. Sample died leaving a will, by which he devised certain lands to G. J. Red, “with one request, that he give my father, J. A. Sample, $200 a year as long as he lives.” Red entered upon the enjoyment of the property, the annual income of which exceeded $200 a year.
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Prom the circuit court of Holmes county. Hon. C. H. Campbell, Judge. In January, 1889, G. I. Sample died leaving a will, by which he devised certain lands to G. J. Red, “with one request, that he give my father, J. A. Sample, $200 a year as long as he lives.” Red entered upon the enjoyment of the property, the annual income of which exceeded $200 a year. Powers, Rollins & Co. recovered judgment against J. A. Sample for something over $1,000, and, in November, 1890, garnished Red, who answered denying that he owed the defendant any thing. A traverse was filed averring that the garnishee was…
1Opinion of the CourtCampbell, C. J.
By accepting the provisions of the will and entering upon the enjoyment of the estate given to him by it, the appellant became the debtor of Mr. Sample for the $200 to be paid to him annually, and might be sued at law for the money. This is affirmed by many cases cited in note k, 3 Williams on Executors, p. 1931. This being true, the debt was garnish-able, and the issue joined upon the traverse of the answer of the garnishee having been found against him, judgment was properly rendered against him “as if the facts found had been confessed by the garnishee in his answer.” Code, § 2451. If he…
2Cited by4 opinions
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