Price Ex Rel. Gaulley v. Sessions
Supreme Court of the United States
This case was brought up, by writ of error, from, the Circuit Court of the United States for the southern district of Mississippi.
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This case was brought up, by writ of error, from, the Circuit Court of the United States for the southern district of Mississippi. The facts were these.: In'June, 1836, Russell Smith died, leaving á will, the second section of which directed that his just' .debts and funeral expenses be paid, and that, for this purpose, the force bé kept together on his plantation, Sylvan Vale, and-prudently managed until , that crop, or .the subsequent one,' should yield a fund to pay said debts. ■ The third section bequeathed to his step-son, William D. Griffin, four quarter-sections of land, and seventeen…
1Opinion of the CourtJustice Catron
The question arising on'the charge of-the Circuit'Court is, What interest had the husband, Sessions, in the property in controversy at the time it was levied on for his debts.' If he had any subject to' execution, it was acquired- by the marriage with his wife as owner. Her right, depended on the will of. her father.
Russell Smith died in 1836, in.the state of Mississippi, leaving a last will and testament, duly proved in Warren county, (27th July, . 1836,) leaving E. J., Sessions, P. W.JDefranee, John Lane, and George Selser his executors; and also leaving John Lane-testamentary guardian to…
2Cited by6 opinions
- Westervelt v. . GreggNew York Court of Appeals · 1854
- Trapnell v. ConklynWest Virginia Supreme Court · 1892
- Percy v. CockrillCourt of Appeals for the Eighth Circuit · 1893
- Conn v. WhiteCourt of Appeals of Kentucky · 1920
- Erie R. v. ConnorsCourt of Appeals for the Sixth Circuit · 1919
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