Luckett v. Brickell
Mississippi Supreme Court
Appeal from tbe circuit court of Yazoo county. Hon. W. H. Potter, Judge. Action of replevin by H. H. Brickell, administrator cum testamento annexo, against Mary Y. Luckett. From a judgment for plaintiff, defendant appeals.
Read the full summary
Appeal from tbe circuit court of Yazoo county. Hon. W. H. Potter, Judge. Action of replevin by H. H. Brickell, administrator cum testamento annexo, against Mary Y. Luckett. From a judgment for plaintiff, defendant appeals. This is an action of replevin brought by the appellee, administrator c. t. a. of the estate of J. F. Powell, deceased, to recover of appellant certain certificates of stock pledged by the executor of the will of said decedent, for the purpose of securing payment of a certain promissory note, executed by said executor, as such, in favor of appellant, for money borrowed of…
1Opinion of the CourtHolden, J.
The executor and trustees had no authority under the will to borrow the money from appellant for the estate and pledge the stock as security therefor; nor were they able to do so lawfully by the unauthorized, illegal, and void decree of the chancery court.
If it be conceded that the five thousand dollars loaned by appellant to the executor and trustees was applied by them to the payment of probated debts due by the estate, and the estate is thereby bound by subrogation to appellant, through the executor and trustees, as contended, this equitable defense of subrogation cannot be pleaded in a…
2Cases cited3 opinions
- McGee v. WallisMississippi Supreme Court · 1880
- Bonner v. LessleyMississippi Supreme Court · 1883
- Hill v. BillingslyMississippi Supreme Court · 1876
3Cited by2 opinions
- Shemper v. Hancock BankMississippi Supreme Court · 1949
- Union Indemnity Co. v. ShirleyMississippi Supreme Court · 1933