Shipp v. Wheeless
Mississippi Supreme Court
Appeal from tbe Chancery Court of Holmes county. Hon. E. Gr. Henry, chancellor. The court manifestly erred in sustaining the demurrer to the bill in this ease. The will of W. W. Whitehead, deceased, directed his real estate to be sold when his youngest child became of age, which amounts to a prohibition to its being sold prior to that time.
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Appeal from tbe Chancery Court of Holmes county. Hon. E. Gr. Henry, chancellor. The court manifestly erred in sustaining the demurrer to the bill in this ease. The will of W. W. Whitehead, deceased, directed his real estate to be sold when his youngest child became of age, which amounts to a prohibition to its being sold prior to that time. True, no one would undertake the execution of the will; but this did not invest the Probate Court with power to set it aside and disregard it entirely. The second objection to the sale is also well founded. The sale was made on petition of the guardian…
1Opinion of the Court
Smith, 0. J.,
delivered the opinion of the court.
This was a bill filed in the Chancery Court for Holmes county, for the purpose of enjoining a judgment at law, recovered by William J. Wheeless, as guardian of Mary IT. Whitehead, against the appellant and his sureties. The relief prayed for, is based upon the alleged failure of consideration in the bond on which the judgment was recovered, arising from the invalidity of the title to the land, sold by Wheeless under a decree of the Court of Probates, as the guardian of the said Mary H.
It appears from the bill, that Wilson W. Whitehead made and…
2Cited by6 opinions
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- Short v. PorterMississippi Supreme Court · 1870
- Miller v. PalmerMississippi Supreme Court · 1877
- Adams v. HudsonMississippi Supreme Court · 1918
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