Prewett v. Coopwood
Mississippi Supreme Court
Appeal from the District Chancery Court, at Fulton. Hon. Henry Dickinson, vice chancellor. % On the 5th day of March, 1845, the appellee, William C. Coop-wood, as administrator of one John C. Cherry, filed his bill in the court below, in which he alleged in substance: — That John C. Cherry died in Monroe county, in this state, on the 13th day of June, 1834, intestate, leaving .a widow, Eveline Cherry, and an infant son, Newell C. Cherry, who are still alive.
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Appeal from the District Chancery Court, at Fulton. Hon. Henry Dickinson, vice chancellor. % On the 5th day of March, 1845, the appellee, William C. Coop-wood, as administrator of one John C. Cherry, filed his bill in the court below, in which he alleged in substance: — That John C. Cherry died in Monroe county, in this state, on the 13th day of June, 1834, intestate, leaving .a widow, Eveline Cherry, and an infant son, Newell C. Cherry, who are still alive. That said Cherry, during his last illness, owned the following slaves: Lum, Sally, and her four children, viz.; Amanda, Morrow, Addison…
1Opinion of the Court
Eisher, J.,
delivered tbe opinion of tbe court.
Tbe complainant, as administrator of John C. Cherry, deceased, filed this bill in tbe Vice Chancery Court at Eulton, for tbe purpose of recovering from tbe defendants certain property and money, which it is alleged they received from tbe intestate a short time before bis death.
Tbe defendants below demurred to tbe bill, and tbe court overruled tbe demurrer. Tbe causes of demurrer assigned are:—
1. Tbe bill does not show when tbe complainants took out letters of administration.
2. The bill does not make proferí of letters of administration.
3.…
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