Gelstrop v. Moore
Mississippi Supreme Court
In error from ■ the circuit court of Itawamba county; Hon. Hugh R. Miller, judge. This was an action instituted in the circuit court of Itawamba county, at the March term, 1852, by William Moore and Jesse McWilliams, executors of the last will and testament of John Walker, deceased, upon a note, under seal, given by James C. Gelstrop and Uriah Nanny, to the plaintiffs below, as executor of said Walker, for a negro sold by them (Moore and McWil-liams), as executors, under the…
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In error from ■ the circuit court of Itawamba county; Hon. Hugh R. Miller, judge. This was an action instituted in the circuit court of Itawamba county, at the March term, 1852, by William Moore and Jesse McWilliams, executors of the last will and testament of John Walker, deceased, upon a note, under seal, given by James C. Gelstrop and Uriah Nanny, to the plaintiffs below, as executor of said Walker, for a negro sold by them (Moore and McWil-liams), as executors, under the will of said Walker, which authorized them to sell the property of deceased. Moore and McWilliams, as executors,…
1Opinion of the Court
Mr. Chief-Justice Smith
delivered the opinion of the court.
This was a suit brought in the circuit court of Itawamba, to recover the contents of a bill single, made to secure the purchase-money of certain slaves sold by the defendants in error, in their character of executors. A verdict and judgment were rendered for the plaintiffs. The cause hence comes into this court.
The facts of the case are contained in a bill of exceptions, from which it appears, that the testator of the plaintiffs, after making, by his will, specific disposition of certain portions of his estate, directed that his crop…
2Cited by4 opinions
- Root v. McFerrinMississippi Supreme Court · 1859
- Cotton v. HollowaySupreme Court of Alabama · 1893
- Martin v. WilliamsMississippi Supreme Court · 1868
- Bank of Philadelphia v. PoseyMississippi Supreme Court · 1922