Legal Opinion

Rice v. Troup

Mississippi Supreme Court

Decided October 15, 1884PublishedCited by 1 opinion

Appeal from the Chancery Court of Monroe County. Hon. Baxter McFarland, Chancellor. Upon a bill filed by Sarah E. Rice and others, legatees under the will of S. S. Ewing, deceased, against W. W. Troup, the executor,, to compel a final settlement of the testator’s, estate, a decree was rendered on the 2d of September, 1878, in the Chancery Court of Monroe County.

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Appeal from the Chancery Court of Monroe County. Hon. Baxter McFarland, Chancellor. Upon a bill filed by Sarah E. Rice and others, legatees under the will of S. S. Ewing, deceased, against W. W. Troup, the executor,, to compel a final settlement of the testator’s, estate, a decree was rendered on the 2d of September, 1878, in the Chancery Court of Monroe County. This decree adjudged that the defendant was indebted to the several complainants, specified the amounts to which they were respectively entitled, and declared “ That, upon the failure of. said W. W. Troup to pay said several sums of…

1Opinion of the CourtCampbell, C. J.

The solicitors of the parties had no authority to transfer the decree. Levy v. Brown, 56 Miss. 83; Parker v. McBee, 61 Miss. 134.

If the transfer of the decree was valid, it was admissible as against the appellee to introduce parol evidence to limit the operation of the assignment. He was not a party to the instrument, but .a stranger to it. Its terms would not conclude him, because not a party to it, and his adversaries have the same right to resort to parol evidence that he would have. Whitney v. Cowan, 55 Miss. 626; 1 Greenleaf on Ev., § 279; 2 Wharton’s Law of Ev., § 923, and eases cited;…

2Cases cited3 opinions

  1. Whitney v. CowanMississippi Supreme Court · 1878
  2. Levy, Simon & Co. v. BrownMississippi Supreme Court · 1878
  3. Parker v. McBeeMississippi Supreme Court · 1883

3Cited by1 opinion

  1. Carrollton Hardware & Implement Co. v. MarshallMississippi Supreme Court · 1918

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