Weaver v. Williams
Mississippi Supreme Court
From the chancery court of Itawamba county. Hok. Baxter McFarlaND, Chancellor. This was a proceeding for the partition of the lands belonging to the estate of Martha King, and for a recovery in perso-nam against the defendants, J. M. Weaver and W. P. Weaver (appellants here), for moneys and notes alleged to have been taken possession of by said J. M. and W. P. Weaver, of the estate of said Martha King, and used for their own benefit.
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From the chancery court of Itawamba county. Hok. Baxter McFarlaND, Chancellor. This was a proceeding for the partition of the lands belonging to the estate of Martha King, and for a recovery in perso-nam against the defendants, J. M. Weaver and W. P. Weaver (appellants here), for moneys and notes alleged to have been taken possession of by said J. M. and W. P. Weaver, of the estate of said Martha King, and used for their own benefit. There was an original bill and answer by the defendants, J. M. and-W. P. Weaver, and then an amended bill. The allegation of the original bill, in relation to…
1Opinion of the CourtWhitfield, J.
The first assignment of error is too broad. The court did not render a personal decree against J. M. and W. P. Weaver for the amount of any notes except those of J. M. Weaver, T. J. Madox and O. B. Henderson, and as to these the decree was manifestly correct, on the proof in the record. What was done as to these notes was clearly a joint conversion of them. Henderson’s note and Madox’s note were both surrendered, and never returned into court, nineteen dollars of Doc Henderson’s note having been paid for W. P. Weaver’s benefit. J. M. Weaver’s note was returned into court with the name torn…
2Cases cited3 opinions
- Hardy v. ThomasMississippi Supreme Court · 1852
- Gay v. LemleMississippi Supreme Court · 1856
- Witcher v. WilsonMississippi Supreme Court · 1873
3Cited by2 opinions
- Hayes v. CommissionerUnited States Tax Court · 1946
- Hayes v. CommissionerUnited States Tax Court · 1946