Joslin v. Caughlin
Mississippi Supreme Court
In error from the circuit court of La Fayette county; Hon. P, T. Scruggs, judge. The opinion of the court, and the points made by counsel, contain a! sufficient statement of the facts of the case. This case was before the court at a former term, (26 Miss. 134,) but the pleadings in the case at that time presented a different point from those now before the court, the same having been by leave amended.
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In error from the circuit court of La Fayette county; Hon. P, T. Scruggs, judge. The opinion of the court, and the points made by counsel, contain a! sufficient statement of the facts of the case. This case was before the court at a former term, (26 Miss. 134,) but the pleadings in the case at that time presented a different point from those now before the court, the same having been by leave amended. The question decided when the case was heretofore before the court was, as to the sufficiency of notice to legatees when an order of sale had been granted by the probate court, of the slaves of…
1Opinion of the CourtJustice Fisher
The note upon which this suit is founded, was given, by the defendants to secure the purchase-money agreed to be paid on account of a slave purchased by one of the defendants as agent for his wife at a public sale made by the plaintiff as executor of the last will and testament of John Joslin, deceased.
The defendants insist that this sale was void, and that no title passed to the purchaser of the slave. The plaintiffs, upon the cause being remanded to the court below, replied, among other things, to the plea setting up the invalidity of the sale; that the purchaser still retained the quiet…
2Cited by3 opinions
- Ware v. HoughtonMississippi Supreme Court · 1867
- Whitworth v. CarterMississippi Supreme Court · 1870
- Storm v. SmithMississippi Supreme Court · 1871