Legal Opinion

Shirley v. Shattuck

Mississippi Supreme Court

Decided October 15, 1854PublishedCited by 4 opinions

ON appeal from the northern district chancery court at Car-rollton ; Hon. Henry Dickinson, vice-chancellor. The opinion of the court contains a sufficient statement of the facts of the case.' 1. The court below erred in not sustaining the demurrer to the cross-bill. See 2 Amer.

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ON appeal from the northern district chancery court at Car-rollton ; Hon. Henry Dickinson, vice-chancellor. The opinion of the court contains a sufficient statement of the facts of the case.' 1. The court below erred in not sustaining the demurrer to the cross-bill. See 2 Amer. Chancery R. 346; 1 Smith’s Chancery Practice, 459, note B. 2. The court erred in ordering an account to be taken of the matters prayed for in the cross-bill, because there was no proof to sustain the same, and because no fact charged in the cross-bill, if true, could entitle the complainant to the relief sought. It was…

1Opinion of the CourtJustice HaNdy

This bill was filed in the district chancery court at Carrollton, *19by the complainants as cestuis que, trust, for an account of the acts of the defendant Shattuck, as trustee of certain slaves held by him for the benefit of the complainants.

The questions for adjudication here arise upon exceptions which appear to have been taken below to the report and account returned by the commissioner appointed for that purpose. These exceptions are not set out in the record, though they are referred to in the final decree; and we are left to decide upon them by the pleadings and proofs as applicable to…

2Cases cited2 opinions

  1. Meacham v. SternesNew York Court of Chancery · 1842
  2. Nicholls v. Hodges'ex.Supreme Court of the United States · 1828

3Cited by4 opinions

  1. In re the Trust Estate of WichmanHawaii Supreme Court · 1924
  2. Condict v. FlowerMissouri Court of Appeals · 1892
  3. Norris v. BishopCourt of Appeals of Kentucky · 1925
  4. Niolon v. McDonaldMississippi Supreme Court · 1893

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