Staples v. Fox
Mississippi Supreme Court
Error to chancery court of Choctaw county. Cothran, J. The facts set forth in the bill are these: In 1859, the executors of Jesse Hughes sold the real estate of the testator, to one Gore, for $2,600, under proceedings which, as it appears, warranted a sale on credit. For this sum Gore gave his two notes to the executors, for $1,319 50 each, payable January 1, 1860, and January 1, 1861, with Ford and McComb as sureties.
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Error to chancery court of Choctaw county. Cothran, J. The facts set forth in the bill are these: In 1859, the executors of Jesse Hughes sold the real estate of the testator, to one Gore, for $2,600, under proceedings which, as it appears, warranted a sale on credit. For this sum Gore gave his two notes to the executors, for $1,319 50 each, payable January 1, 1860, and January 1, 1861, with Ford and McComb as sureties. The sale created the statute mortgage for the purchase-money. In March, 1860, Gore and his sureties confessed judgment on the note falling due in. 1860, and in 1861 suit was…
1Opinion of the Court
Simrall, J. :
In 1859 the executors of Jesse Hughes, deceased, sold the parcel of land described in the bill, on a credit, to E. F. Gore, for which Gore gave his two promissory notes, with Thomas B. Ford and William McCombs as sureties, maturing respectively 1st January, 1860 and 1861. Judgment has .been recovered on both notes.. The complainant, W. C. Staples, was in 1861 sheriff of Choctaw county, and as such, received an execution issued on the first judgment, and as averred in the bill, by putting confidence in the principal debtor, Gore, he failed to make the money, and to return the…
2Cases cited4 opinions
- Lidderdale's Executors v. of RobinsonSupreme Court of the United States · 1827
- Reed v. Pruyn & StaatsNew York Supreme Court · 1811
- Harrison v. HarrisonCourt of Appeals of Kentucky · 1822
- Kleiser v. ScottCourt of Appeals of Kentucky · 1838
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