Richardson v. McLemore
Mississippi Supreme Court
Appeal from the Chancery Court of Leflore County. lion. N. W. Williamson, Chancellor. This was a demurrer sustained to a bill to enforce a ven-dee’s notes secured by a lien on the land purchased and a mortgage on other property. The other facts of the case are stated in the opinion of the court. 1. The administrators had a right to compound the debt in exchange for the land and to sell the latter for the benefit of the estate.
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Appeal from the Chancery Court of Leflore County. lion. N. W. Williamson, Chancellor. This was a demurrer sustained to a bill to enforce a ven-dee’s notes secured by a lien on the land purchased and a mortgage on other property. The other facts of the case are stated in the opinion of the court. 1. The administrators had a right to compound the debt in exchange for the land and to sell the latter for the benefit of the estate. By this course they have a larger sum than the original claim secured both on this land and other property. Bailey v. Dihoorth, 10 Smed. &. M. 404 ; Gulledge v. Berry,…
1Opinion of the CourtCooper, J.
The demurrer of the defendants, containing fourteen special causes presents in various forms the three objections that Daniel and Degraffenried acquired no title to the land by their purchase from Townsend, the trustee in the deed of trust, and from John D. McLemore, the grantor therein, and therefore could convey none to the purchaser, Price P. McLemore, for which reason the notes sued on are averred to be without consideration ; that if they acquired title, Degraffenried did not join in the contract of sale, and his undivided half interest in *319the land was not sold to P. P. McLemore, and…
2Cited by4 opinions
- Sanborn v. LoudMichigan Supreme Court · 1907
- Lamotte v. SteidingerIllinois Supreme Court · 1915
- Thompson v. BowenSupreme Court of Arkansas · 1908
- Ford v. Delta & Pine Land Co.U.S. Circuit Court for the District of Southern Mississippi · 1890