Ware v. Houghton
Mississippi Supreme Court
Error to tbe Circuit Court of Monroe county. Hon. W. H. Kilpatrick, judge. The following proposition is at this time generally regarded as beyond controversy.
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Error to tbe Circuit Court of Monroe county. Hon. W. H. Kilpatrick, judge. The following proposition is at this time generally regarded as beyond controversy. A sale of lands by any administrator, for debts, or division, and of personalty for division (and especially if already bequeathed away by will), without giving tbe required notice to all concerned, is void, an does not change theproperty im, the thing sold; and it may be pleaded against a note for tbe purchase-money, even where possession and a deed are given, and no eviction nor dispossession bas been suffered. ■ The Probate Court bas…
1Opinion of the CourtEllett, J.
The defendants in error brought an action of debt against the plaintiffs in error, in March, 1886, founded on a bill single, dated December 16, 1859, for $3,890.50, payable twelve months after date.
The defendants pleaded two pleas.
1. As to $1,300, parcel of the sum demanded, payment before suit brought, and
2. As to the residue of the sum demanded, that part of the consideration of said bill single was the purchase of certain slaves of the estate of Brandon, for the price of $2,670, sold by the plaintiffs below as executors as aforesaid, on the 12th of December, 1859, under a supposed order of…
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