Legal Opinion

Thomas v. Burrus

Mississippi Supreme Court

Decided January 15, 1852PublishedCited by 8 opinions

In error from the circuit court of Yazoo county; Hon. R. C. Perry, judge. The opinion of the court and the briefs of counsel contain a sufficient statement of the case. Prior to 1834, William Hope, of Yazoo county, died intestate, owning personal and real property, and leaving as heirs and distributees of his estate, his widow, Narcissa M. Hope, and his three infant children, Virginia C. Hope, Martha E. Hope, and Margaret A. T. Hope.

Read the full summary

In error from the circuit court of Yazoo county; Hon. R. C. Perry, judge. The opinion of the court and the briefs of counsel contain a sufficient statement of the case. Prior to 1834, William Hope, of Yazoo county, died intestate, owning personal and real property, and leaving as heirs and distributees of his estate, his widow, Narcissa M. Hope, and his three infant children, Virginia C. Hope, Martha E. Hope, and Margaret A. T. Hope. This suit was instituted in the Yazoo circuit court against Hiram J. Thomas and Oscar Hope, as sureties of one John H. "Walker, in a bond alleged to have been…

1Opinion of the CourtJustice Ybeuer

The plaintiff in error was sued as the surety of John H. Walker, upon an alleged bond given by Walker as guardian of Virginia C. Hope. The instrument bears date on the 27th day of December, 1836, and is in the usual form of guardian bonds under the statute. Among other pleas, the defendant *556pleaded non est factum, intending thereby to question the validity of the instrument, upon the ground that the order of the probate court appointing Walker guardian, was an absolute nullity; that Walker, by virtue of that order, had no power or authority to act as guardian; and, therefore, that the…

2Cases cited1 opinion

  1. Griffith v. FrazierSupreme Court of the United States · 1814

3Cited by8 opinions

  1. Leech v. State ex rel. WysorIndiana Supreme Court · 1881
  2. Town of Stratford v. Fidelity & Casualty Co.Supreme Court of Connecticut · 1927
  3. Gray v. State ex rel. MillsIndiana Supreme Court · 1881
  4. Dudley v. RiceWisconsin Supreme Court · 1903
  5. Hauenstein v. GillespieMississippi Supreme Court · 1896

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API