Bohannon v. Fulton
Mississippi Supreme Court
In error to the Circuit Court of Kemper county. Hon. John Watts, judge. The defendants in error sued the plaintiffs in error, in the Circuit Court of Kemper county, on .a promissory note for eleven hundred and sixty-five dollars.
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In error to the Circuit Court of Kemper county. Hon. John Watts, judge. The defendants in error sued the plaintiffs in error, in the Circuit Court of Kemper county, on .a promissory note for eleven hundred and sixty-five dollars. The defendants, among other pleas, answered, “that the promissory note sued on was given for a certain slave, named Daniel, which was sold by plaintiffs as administrators with the will annexed, of Samuel Fulton, deceased, on the Tth day of December, 1852, and purchased by defendant, Bo-Hannon; that the slave thus sold, and which was the sole consideration of the note…
1Opinion of the CourtFisher, J.
The defendants in error were sued in the Circuit Court of Kem*350per county, upon a promissory note, which they had given to secure the purchase-money of certain slaves, sold by the plaintiffs as executors, &c. The defence set up was, that the executors sold the slaves under ah order of the Probate Court, made without notice to the legatees under the will, or to the heirs of the deceased. The court overruled a demurrer to the plea, setting up this defence. But upon a trial upon the merits, a verdict and judgment were rendered for the plaintiffs below.
We have deemed it unnecessary to notice the…
2Cited by4 opinions
- Ware v. HoughtonMississippi Supreme Court · 1867
- Whitworth v. CarterMississippi Supreme Court · 1870
- Storm v. SmithMississippi Supreme Court · 1871
- Barnes v. BarnesMississippi Supreme Court · 1915