Smith v. Everett
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. Thomas Christian, Chancellor. The facts in this case are stated sufficiently full in the opinion of the court. The following is assigned for error, to wit: “The court erred in overruling defendant’s demurrer to complainant’s bill filed.”
Read the full summary
Appeal from the Chancery Court of Noxubee County. Hon. Thomas Christian, Chancellor. The facts in this case are stated sufficiently full in the opinion of the court. The following is assigned for error, to wit: “The court erred in overruling defendant’s demurrer to complainant’s bill filed.” The bill, on its face, does not make out a case for equitable relief, because the decree rendered upon the final account of Stone wás against him as administrator of Carraway, in favor of the appellant and others, heirs of Benjamin Sherrod, deceased. Stone, as administrator, should have brought the money…
1Opinion of the CourtPeyton, C. J.
It appears from the record in this case, that Joseph Gr. Caraway as administrator of the estate of Benjamin Sherrod, deceased, entered into bond with O. C. Tate, R. Sherrod and L. W. Smith as his sureties therein, for the faithful administration of said estate. That after a partial administration of the estate, the said Caraway died, and Lewis Stone became his administrator, who made a settlement of his intestate’s account as administrator of the estate said Benjamin Sherrod; and upon said settlement, the estate of of the said Caraway was declared to be due and indebted to Joseph Everett, one…
2Cases cited4 opinions
- Hagan v. WalkerSupreme Court of the United States · 1852
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Ledyard v. JohnstonSupreme Court of Alabama · 1849
- Troup v. RiceMississippi Supreme Court · 1873
3Cited by5 opinions
- Davis v. DavisMississippi Supreme Court · 1943
- Bank of Mississippi v. DuncanMississippi Supreme Court · 1876
- In Re BellMississippi Supreme Court · 2007
- Territory ex rel. Hall v. BrambleSupreme Court Of The Territory Of Dakota · 1880
- Newton v. LongMississippi Supreme Court · 1991