Fearn v. Mayers
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. H. R. Ware, Chancellor. In this suit a bill was filed to subject certain lands held in trust to the payment of services rendered by an agent employed by the trustees to take care of and manage the trust estate. A demurrer was filed to the bill, which was overruled, and the defendants were required to plead; and an order of reference to a commissioner was made, to have an account stated between the trustees and their agent.
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Appeal from the Chancery Court of Hinds County. Hon. H. R. Ware, Chancellor. In this suit a bill was filed to subject certain lands held in trust to the payment of services rendered by an agent employed by the trustees to take care of and manage the trust estate. A demurrer was filed to the bill, which was overruled, and the defendants were required to plead; and an order of reference to a commissioner was made, to have an account stated between the trustees and their agent. But the Chancellor, who overruled the demurrer, went out of office; and the new Chancellor, upon final hearing,…
1Opinion of the CourtChalmers, J.
In 1842, William P. Bibb, David P. Bibb, Robert T. Bibb, and Archibald E. Mills conveyed in trust to Thomas Bibb and A. M. Hopkins a large amount of real and personal property, situated in the States of Alabama, Mississippi, and Louisiana, for the purpose of liquidating certain liabilities therein specified. When these debts had been extinguished, the surplus property remaining was to be reconveyed to the grantors, or sold for division of the proceeds among them, as might then be deemed advisable.
Under a special authorization contained in the conveyance, the trustees appointed George Fearn…
2Cases cited2 opinions
- Jones v. DawsonSupreme Court of Alabama · 1851
- Noyes v. . BlakemanNew York Court of Appeals · 1852
3Cited by4 opinions
- Johnson v. LemanIllinois Supreme Court · 1890
- State Ex Rel. Knox v. Edward Hines Lumber Co.Mississippi Supreme Court · 1928
- Hanback v. CorriganCourt of Appeals of Kansas · 1898
- Stewart v. HarrisonMississippi Supreme Court · 1951