Legal Opinion

Shaw v. Millsaps

Mississippi Supreme Court

Decided October 15, 1874PublishedCited by 6 opinions

Appeal from the Chancery Court of Jefferson County. Hon. James M. Ellis, Chancellor. Upon the final settlement of the guardian account of Mary Shaw, as guardian of Yalencia Millsaps, rendered after her marriage with Horace M'llsaps, she was found indebted to her ward in the sum of $2,386.09, for which sum a decree of the probate court of Jefferson county was rendered at the February term, 1869 ; a ven. exponas was issued for the sale of certain lands on the 20 th of August,…

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Appeal from the Chancery Court of Jefferson County. Hon. James M. Ellis, Chancellor. Upon the final settlement of the guardian account of Mary Shaw, as guardian of Yalencia Millsaps, rendered after her marriage with Horace M'llsaps, she was found indebted to her ward in the sum of $2,386.09, for which sum a decree of the probate court of Jefferson county was rendered at the February term, 1869 ; a ven. exponas was issued for the sale of certain lands on the 20 th of August, 1870, and 1,100 acres of land was advertised to be sold on the first Monday of October, 1870. Mary Ann Shaw filed her…

1Opinion of the CourtSimrall, J.

On final settlement of her guardianship accounts with her ward, Yalentia Millsaps, Mary Shaw, her.guardian, was adjudged to pay her $2,536.09.

Execution issued upon that decree, and was levied upon the lands in controversy. The sale was arrested at the suit of Mrs. Mary A. Shaw (whose husband joined her for conformity), by injunction. She claimed to be the owner of the property, and darraigned her title through a conveyance made by Mary Shaw to one Warren in trust, to sell on nonpayment of a debt of about $9,000 from herself to Win. Shaw, and a sale and conveyance by the trustee to Mary A.…

2Cases cited1 opinion

  1. Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866

3Cited by6 opinions

  1. Taylor v. WebbMississippi Supreme Court · 1876
  2. Hooks v. BurnsMississippi Supreme Court · 1934
  3. Valentine v. McGrathMississippi Supreme Court · 1876
  4. Fidelity & Deposit Co. of Maryland v. LovellDistrict Court, S.D. Mississippi · 1952
  5. Davis v. LumpkinMississippi Supreme Court · 1879

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