Hays' Administratrix v. McNealy
Supreme Court of Florida
Appeal from the Circuit Court for Jackson county. This was an action brought under the Code by the respondent against the appellant, McNealy, and another. The respondent recovered judgment in the Circuit Court against the appellant for the sum of $980.90 and costs, and from this judgment the appellant appealed. The other facts necessary to an understanding of the case are stated in the opinion of the court.
1Opinion of the CourtJustice Westcott
This action is upon a promissory note given for land sold by an administrator, under an order of a Judge of Probate. A recovery is resisted upon the ground that the sale was void, that there ivas no consideration. The sale was had under the act of 1833, (Thomp. Dig. 202,) and the position taken here is that this act is repealed by the act of 1841, (Thomp. Dig. 203.) It is claimed that the question is settled by adjudication in the eases of Gilchrist vs. Filyau el ux., 2 Fla., 94, and Union Bank vs. Powell’s heirs, 3 Fla., 175. The question in the first case was whether an action of debt could…
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3Cited by15 opinions
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