Allen v. Tate
Mississippi Supreme Court
Appeal from the Chancery Court of Leake County. Hon. T. B. Graham, Chancellor. In 1857, a certain tract of land was conveyed to George T. Allen and his wife, Eliza C. Allen, jointly, in consideration of a certain sum of money paid to the grantor by George T. Allen. In 1872, Allen and wife sold and conveyed the land to Napoleon Tate, who executed to them jointly his three promissory notes for the purchase-money. Some time thereafter Tate died, without having paid his notes.
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Appeal from the Chancery Court of Leake County. Hon. T. B. Graham, Chancellor. In 1857, a certain tract of land was conveyed to George T. Allen and his wife, Eliza C. Allen, jointly, in consideration of a certain sum of money paid to the grantor by George T. Allen. In 1872, Allen and wife sold and conveyed the land to Napoleon Tate, who executed to them jointly his three promissory notes for the purchase-money. Some time thereafter Tate died, without having paid his notes. In 1874, George T. Allen also died. On the 17th of February, 1880, the notes still remaining unpaid, Eliza C. Allen filed…
1Opinion of the CourtCampbell, J.
The right of appellant to collect the money due by the notes is clear, whether she will be accountable for part of it to the representatives of her deceased husband and co-payee or not. On the death of one of several joint payees, the remedies for collection survive to the surviving payees, who may lawfully receive payment, and may sue at law or in equity without joining the representatives of the deceased payee. 1 Chitty's Pl. 19 ; 1 Washb. on Real Prop. [*424], top p. 576 ; 2 Jones on Mort., sect. 1435 ; Lannay v. Wilson, 30 Md. 536, and cases cited; Martin v. McReynolds, 6 Mich. 70. Certain]}'…
2Cases cited8 opinions
- Sanford v. . SanfordNew York Court of Appeals · 1871
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
- Lannay v. WilsonCourt of Appeals of Maryland · 1869
- Borst v. . SpelmanNew York Court of Appeals · 1850
- Martin v. McReynoldsMichigan Supreme Court · 1858
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3Cited by10 opinions
- Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Craig v. BradleyMissouri Court of Appeals · 1911
- Hill v. BreedenWyoming Supreme Court · 1938
- Vaughn v. VAUGHNMississippi Supreme Court · 1960
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