Champion v. Cayce
Mississippi Supreme Court
Appeal from the Chancery Court of Itawamba County. Hon. L. Haughton, Chancellor. The judgment of the Mobile and Ohio Kailroad Company was barred.
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Appeal from the Chancery Court of Itawamba County. Hon. L. Haughton, Chancellor. The judgment of the Mobile and Ohio Kailroad Company was barred. Its revivor against the administrator could not affect the heirs, who may set up the bar in answer to this petition. 60 Miss. 634. The account of J. B. Sale was barred before suit thereon; and the judgment against the administrator does not preclude the heir from pleading the bar. 53 Miss. 296. The judgment of the railroad company revived against the administrator was not barred, owing to the resignation of Thomas and the suspension during the war.…
1Opinion of the CourtSimrall, C. J.
The merits of this suit are involved in the question whether the pretensions set up by the administrator to sell the land are well founded or not. J. Y. Thomas was appointed, on the 29th of August, 1866, administrator of the estate of Jackson Champion, deceased. On the 23d of April, 1867, Thomas applied to be released and discharged from office, because there were no goods or effects to be administered. The prayer was granted, and an order to that effect was made. It is not denied that Thomas was duly qualified as administrator; but it is insisted that the order discharging him was ex parte,…
2Cases cited8 opinions
- Stone v. WoodIllinois Supreme Court · 1854
- Bank of Mississippi v. DuncanMississippi Supreme Court · 1876
- Hopkins v. McCannIllinois Supreme Court · 1857
- Ferguson v. ScottMississippi Supreme Court · 1873
- Jennings v. LoveCourt of Appeals of Mississippi · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Townsend v. Estate of GilbertMississippi Supreme Court · 1993
- Scott v. WareSupreme Court of Alabama · 1879
- Rogers v. RosenstockMississippi Supreme Court · 1918