Byrne v. Cummings
Mississippi Supreme Court
Error to tlie Circuit Court of Marshall county. Lion. John W. Thompson, judge. The pleadings in the cause are set forth in the opinion of the court. Defendant Cummings testified that he was indebted to plaintiff $1,150 for rent of land. That James Allen, administrator of Jared S. Allen, had recovered a judgment in March, 1853, in the Circuit Court of Marshall county, for $2,0J0, against the plaintiff, as the administrator of Vm. Dye.
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Error to tlie Circuit Court of Marshall county. Lion. John W. Thompson, judge. The pleadings in the cause are set forth in the opinion of the court. Defendant Cummings testified that he was indebted to plaintiff $1,150 for rent of land. That James Allen, administrator of Jared S. Allen, had recovered a judgment in March, 1853, in the Circuit Court of Marshall county, for $2,0J0, against the plaintiff, as the administrator of Vm. Dye. That plaintiff agreed to release witness from his debt, if he would have the same sum credited on the judgment referred to. That this agreement is evidenced by…
1Opinion of the CourtEllett, J.
The plaintiff in error brought this suit in 1857, on the following instrument, to wit: “ I hereby bind myself in the penalty of fifteen hundred dollars to Ransom IP. Byrne that I will, within a reasonable time, procure a credit upon a judg*194ment in favor of the estate of Jared S. Allen, deceased, against the estate of William Dye, deceased, in the Circuit Court of Marshall county, Mississippi, for eleven hundred and fifty dollars, James M. Allen being the administrator of said Allen, and said Byrne the administrator of said Dye. The said judgment may not be accurately described, but that…
2Cited by7 opinions
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