Frank & Bro. v. Coltraine
Mississippi Supreme Court
Appeal from the Circuit Court of Clay County. Hon. J. M. Arnold, Judge. Frank & Bro. sued out an attachment against B. & B. C. Richardson, non-residents, and summoned W. M. Coltraine, Mary E. Coltraine, his wife, as garnishees, to answer what they owed B. Richardson.
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Appeal from the Circuit Court of Clay County. Hon. J. M. Arnold, Judge. Frank & Bro. sued out an attachment against B. & B. C. Richardson, non-residents, and summoned W. M. Coltraine, Mary E. Coltraine, his wife, as garnishees, to answer what they owed B. Richardson. The garnishees answered that Mary E. Coltraine had purchased certain lands from B. Richardson, and certain lands from Sarah Ann Richardson, his wife, giving notes for the purchase-money; that the notes were payable to Sarah Ann Richardson, and were signed jointly by W. M. and Mary E. Coltraine, and that all the notes had been…
1Opinion of the CourtChalmers, J.
Mrs. Coltraine was garnished by Frank & Bro. as the debtor of one Richardson. By her witness, who was uncontradicted, she proved that she bought a tract of land by the acre from said Richardson, she to pay ten dollars per acre; that she had paid more than she had agreed to pay because of a deficiency in the land as represented, though there was still an outstanding note held by Richardson. The trade wras represented by her notes on one side and the title bond on the other, in which latter the land was bargained by the acre and not by land-office numbers, though she afterward accepted and put…
2Cases cited1 opinion
- Kerr v. KuykendallMississippi Supreme Court · 1870