Wathen ex rel. Goodrum v. Glass
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. Upton M. Young, Chancellor. 1. J. B. Wathen held the land in right of his ward, Mary Glass. As administrator of the mortgagor and mortgagee, he had no right to it. On Bain’s death, the mortgage debt not being due, the legal title under our statute, Code 1857, p. 308, art. 12, descended to Mary Bain, his heir. The presumption is inevitable that J. B. Wathen received the rents as guardian.
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Appeal from the Chancery Court of Warren County. Hon. Upton M. Young, Chancellor. 1. J. B. Wathen held the land in right of his ward, Mary Glass. As administrator of the mortgagor and mortgagee, he had no right to it. On Bain’s death, the mortgage debt not being due, the legal title under our statute, Code 1857, p. 308, art. 12, descended to Mary Bain, his heir. The presumption is inevitable that J. B. Wathen received the rents as guardian. Trotter v. Trotter, 40 Miss. 704; Tyler on Ejectment, 117, 858, 860, 874, 876, 877 ; 8 Wash, on Real Prop. (3d ed.) 129; Gfriffin v. Sheffield, 38 Miss.…
1Opinion of the CourtSimhall, C. J.
This litigation was originally begun by a suit brought by Laura Wathen, executrix of J. B. Wathen, deceased, to revive a decree which her testator had obtained as administrator of his deceased wife, Eliza J., foreclosing a mortgage executed to her by James Bain. J. B. Wathen was the administrator of Bain, the mortgagor, and also administrator of Eliza J., the mortgagee, and guardian of .the infant daughter, and sole heir of the mortgagor, now Mrs. Glass, the complainant in the cross-bill. After the death of J. B. Wathen, Mrs. Laura Wathen, his widow, who had become his executrix, exhibited…
2Cases cited4 opinions
- Clark v. WilsonMississippi Supreme Court · 1876
- Strickland v. KirkMississippi Supreme Court · 1875
- Clarke v. CurtisSupreme Court of Virginia · 1844
- Myers v. EstellMississippi Supreme Court · 1873
3Cited by4 opinions
- Collins v. HenrySupreme Court of Georgia · 1923
- Delaware, Lackawanna & Western Railroad v. Oxford Iron Co.New Jersey Court of Chancery · 1880
- Johns v. Williams & BlackMississippi Supreme Court · 1889
- Robinson v. BurrittMississippi Supreme Court · 1889