Humphreys v. Stafford
Mississippi Supreme Court
From the chancery court of Bolivar county. Hon. W. B. Trigg, Chancellor. The case is fully stated in the opinion. The supplementary petition to which the plea of res ad judicata is directed is in the very case in which the decree was rendered. There had been no final decree. Hope v. Hurt, 59 Miss., 174. There is no technical res adjudicata, and nothing is shown to create an equitable estoppel.
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From the chancery court of Bolivar county. Hon. W. B. Trigg, Chancellor. The case is fully stated in the opinion. The supplementary petition to which the plea of res ad judicata is directed is in the very case in which the decree was rendered. There had been no final decree. Hope v. Hurt, 59 Miss., 174. There is no technical res adjudicata, and nothing is shown to create an equitable estoppel. No one was prejudiced by the failure sooner to call attention to the lien on the land. There had been no distribution,. No one had parted with any securities or changed his status on the faith of the…
1Opinion of the CourtCooper, J.
In the year 1879 a mercantile firm, composed of John P. Tobin, J. D. Ziegler and R. M. Wilson, and doing business under the firm name of John P. Tobin & Co., was dissolved by the death of one of its members, and, within the course of a few weeks, the other members also died.
At the time of the dissolution, the firm owned a considerable stock of merchandise and some real estate, and it held many open accounts and promissory notes, and was heavily involved in debt. The members had individual property, and were individually indebted. Among the liabilities of the firm was a debt due to Brooks,…
2Cases cited3 opinions
- Neall v. HillCalifornia Supreme Court · 1860
- Harvey v. BransonSupreme Court of Virginia · 1829
- Clark v. DunnamCalifornia Supreme Court · 1873
3Cited by3 opinions
- Johnson v. Mississippi Power Co.Mississippi Supreme Court · 1940
- Blum v. Planters' Bank & Trust Co. of OpelousasMississippi Supreme Court · 1929
- Connell v. CazenueveMississippi Supreme Court · 1919