Partee v. Mathews
Mississippi Supreme Court
Appeal from the Chancery Court of Panola County. Hon. J. C. Guay, Chancellor. The seven years’ Statute of Limitations runs against the complainant from the time the judgment was paid off, and not from the date of the judgment. Code 1871, §§ 2158, 2258, 2251; 5 Cushman, 94; Johnson v. Pyles, 11 S. & M. 189; 48 Miss. 189; 31 Miss. 201. 1. The complainant cannot go into equity to enforce a judgment which is barred at law.
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Appeal from the Chancery Court of Panola County. Hon. J. C. Guay, Chancellor. The seven years’ Statute of Limitations runs against the complainant from the time the judgment was paid off, and not from the date of the judgment. Code 1871, §§ 2158, 2258, 2251; 5 Cushman, 94; Johnson v. Pyles, 11 S. & M. 189; 48 Miss. 189; 31 Miss. 201. 1. The complainant cannot go into equity to enforce a judgment which is barred at law. Bdwards v. Mo Gee, 31 Miss. 143 ; Fox v. Wallace, 31 Miss. 660; 31 Miss. 201. 2. At the date of filing the bill there was no judgment in favor of the complainant capable of…
1Opinion of the CourtSimrall, C. J.
Martha A. Partee, administratrix of the estate of S. B. Partee, deceased, makes this case in her bill: —
That on the 16th of May, 1868, C. B. Young, administrator de bonis non of James L. Brown, recovered judgment for $2,200, against John E. Mathews, principal, Samuel Mathews, and herself, as administratrix, sureties on a note nnade in 1861. An execution, issued the 7th of June, 1868, was returned nulla lona. John E. Mathews, the principal, is insolvent, and a discharged bankrupt. \
*143In February, 1869, she, as administratrix, made final and full payment of the judgment.
On the 14th of July, 1875,…
2Cases cited16 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
- Snodgrass v. AndrewsMississippi Supreme Court · 1855
- Dozier v. LewisMississippi Supreme Court · 1854
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3Cited by4 opinions
- Fleming v. GraftonMississippi Supreme Court · 1876
- Cahn v. PersonMississippi Supreme Court · 1879
- Burton v. John Hancock Mut. Life Ins.Mississippi Supreme Court · 1934
- Wood v. JohnsonMississippi Supreme Court · 1959