Cox v. Martin
Mississippi Supreme Court
Fbom the circuit court of Grenada county. Hon. C. H. Campbell, Judge. Jonathan Payne, a farmer, executed a deed of trust early in the year 1895 to W. P. Cox, trustee, for the benefit of Mrs. E. A. Cox, conveying some personal property, specifically described, and the crops to be grown in said year on his farm, to secure a debt of $48.50 already owing, but not due, and $250 to be advanced in supplies by Mrs. Cox.
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Fbom the circuit court of Grenada county. Hon. C. H. Campbell, Judge. Jonathan Payne, a farmer, executed a deed of trust early in the year 1895 to W. P. Cox, trustee, for the benefit of Mrs. E. A. Cox, conveying some personal property, specifically described, and the crops to be grown in said year on his farm, to secure a debt of $48.50 already owing, but not due, and $250 to be advanced in supplies by Mrs. Cox. The debts were to mature November 1, 1895. Jonathan Payne died June 23, 1895, before the maturity of the crops, having obtained $88.44 worth of supplies. Shortly afterwards J. B.…
1Opinion of the CourtWhitfield, J.
The court properly allowed Martin to be substituted for Jones in the replevin suits. Jones’ power to act as administrator ended with his term of office as sheriff, though, as to liability for his acts as administrator, he would still have been amenable. There were not two administrators at one time, but successively, each becoming such under the statute, § 1859, code of 1892. Nor was there any error in overruling the objection that Jones sued as an individual. The suits were by him in his capacity as administrator. But we think the verdict in this case — a most anomalous one — is, in legal…
2Cases cited6 opinions
- Janin v. BrowneCalifornia Supreme Court · 1881
- Alsup v. BanksMississippi Supreme Court · 1891
- Hill v. FranklinMississippi Supreme Court · 1877
- Bates v. SniderMississippi Supreme Court · 1882
- Farley, Jurey & Co. v. HordMississippi Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Johnson v. Hinds CountyMississippi Supreme Court · 1988
- Jenkins Subway, Inc. v. JonesCourt of Appeals of Tennessee · 1998
- Miller v. ReadyIndiana Court of Appeals · 1915
- In Re Estate of HodgesMississippi Supreme Court · 2002
- Lane v. RichardsSupreme Court of Iowa · 1902
9 more not listed; retrieve them via the Exa API.