Owen v. Moody
Mississippi Supreme Court
In error from the circuit court of .Jefferson county; Hon. Stanhope Posey, judge. The facts of the case may be found in the opinion of the court. An executor cannot indorse or assign bills or notes due his testator in the purchase of property for himself, or in payment of one of his own debts. Prosser v. Leathernan, 4 How. 237. The indorsement must be auxiliary to the administration, and conform to its trusts.
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In error from the circuit court of .Jefferson county; Hon. Stanhope Posey, judge. The facts of the case may be found in the opinion of the court. An executor cannot indorse or assign bills or notes due his testator in the purchase of property for himself, or in payment of one of his own debts. Prosser v. Leathernan, 4 How. 237. The indorsement must be auxiliary to the administration, and conform to its trusts. Miller v. Helm, 2 S. & M. 696. Administration is strictly confined to the State or government by whose courts it is granted. Sallerwhile v. Littlefield, 13 S. & M. 304. Distributees of…
1Opinion of the CourtChief Justice Smith
This suit was brought on a promissory note made payable to J. B. Clark, by Samuel B. Owen, the plaintiff in error. The payee died in 1852 at his residence in the State of Kentucky, having previously made his last will and testament, in which Andrew Shuck was appointed his executor, who proved the will in the proper court of Fulton county in said State, qualified as executor, and took out letters testamentary upon the estate. Afterwards, as alleged in the complaint, the executor indorsed and delivered the note in suit to the defendant in error. Owen demurred to the complaint, assigning several…
2Cases cited3 opinions
- Harper v. ButlerSupreme Court of the United States · 1829
- Cope v. DanielCourt of Appeals of Kentucky · 1840
- Andrews v. CarrMississippi Supreme Court · 1853
3Cited by4 opinions
- Campbell v. BrownSupreme Court of Iowa · 1884
- Curl v. IngramWest Virginia Supreme Court · 1939
- General Conference Ass'n of the Seventh Day Adventists v. Michigan Sanitarium & Benevolent Ass'nMichigan Supreme Court · 1911
- Weston v. Merchants' Bank & Trust Co.Mississippi Supreme Court · 1935