Witcher v. Wilson
Mississippi Supreme Court
Error to the circuit court of Lee county. Boone, J. The opinion of the court contains a statement of the case. 1. Where a plaintiff declares against parties as qualified executors, he cannot, in his replication, abandon this ground of liability and aver that they are administeíed de son tort. 32 Miss. 359. The plaintiff must not depart from, but must sustain and fortify the case made in his declaration. 40 ib. 332, 339. 2. An intermeddler with the assets of a partnership…
Read the full summary
Error to the circuit court of Lee county. Boone, J. The opinion of the court contains a statement of the case. 1. Where a plaintiff declares against parties as qualified executors, he cannot, in his replication, abandon this ground of liability and aver that they are administeíed de son tort. 32 Miss. 359. The plaintiff must not depart from, but must sustain and fortify the case made in his declaration. 40 ib. 332, 339. 2. An intermeddler with the assets of a partnership after the death of one of the partners, is liable to account to the survivor, and is not therefore executor de son tort of…
1Opinion of the Court
Peyton, C. J.;
It appears from the record in this case, that W. P. Tindall and C. Brandon, on the 7th day of November, 1859, executed their joint and several promissory note for $230, payable to Josephine Wilson, or bearer, payable five months after date.
That the said Josephine Wilson, in the year 1868, brought suit in the circuit court of Lee county, on said note, against the said W. P. Tindall and James F. Witcher and Sarah A. Witcher, as executor and executrix of the last will and testament of C. Brandon, deceased.
To this action the said W. P. Tindall pleaded the general issue,…
2Cited by1 opinion
- Weaver v. WilliamsMississippi Supreme Court · 1898