Sample v. Lane, Moore & Co.
Mississippi Supreme Court
Appeal from the chancery court of Tunica county. Harmon, Chancellor. The facts appear in the opinion of the court. 1st. The bill shows that Y. B. Waddell was but a guar dian of the minor heirs of W. W. Kerr, and as such he had no authority to mortgage their property for any purpose without an order of the court. The bill does not allege any such order and there was none.
Read the full summary
Appeal from the chancery court of Tunica county. Harmon, Chancellor. The facts appear in the opinion of the court. 1st. The bill shows that Y. B. Waddell was but a guar dian of the minor heirs of W. W. Kerr, and as such he had no authority to mortgage their property for any purpose without an order of the court. The bill does not allege any such order and there was none. This court is the successor of the probate court, and the chancellor must judicially know that the probate court never did order the guardian to make such a mortgage. Austin v. Laman, 23 Miss. 189 : Prelick v. Turner, 26 ib.…
1Opinion of the Court
Simrall, J.:
Lane, Moore & Co. filed their bill in chancery to foreclose a mortgage executed by Y. B. Waddell on his own account, and as guardian of the minor heirs of W. W. Kerr, deceased. This security was given, embracing mules, stock, agricultural implements and the crop of cotton, to protect an advance of $4,759 51, made by the complainants, to enable Waddell to produce a “crop of cotton, corn and other produce for the year 1870, on the Kerr plantation in Tunica county. The mortgage was made by Waddell individually and as guardian. Waddell resigned, or was displaced from his trust, and…
2Cases cited1 opinion
- Gilbert v. McEachenMississippi Supreme Court · 1860