McGee v. Wallis
Mississippi Supreme Court
Appeal from the Chancery Court of Holmes County. Hon. R. W. WilliamsoN, Chancellor. Independently of the statute (Acts 1873, p. 41), a court of equity may charge the purchase-money on land, where it is shown to have been used in discharging liabilities of the estate, whether the sale was made in pursuance of the decree of a court of competent jurisdiction or not. The right accrues whenever the sale is made under process of law.
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Appeal from the Chancery Court of Holmes County. Hon. R. W. WilliamsoN, Chancellor. Independently of the statute (Acts 1873, p. 41), a court of equity may charge the purchase-money on land, where it is shown to have been used in discharging liabilities of the estate, whether the sale was made in pursuance of the decree of a court of competent jurisdiction or not. The right accrues whenever the sale is made under process of law. Whether the process is a nullity or not, the principle is the same. The doctrine upon which claims of this character rest, as well as the right to recover for…
1Opinion of the CourtGeorge, C. J.
Joseph Wallis was guardian of the four minor children of his deceased brother, and, as such, was indebted to each one of his wards. He died in November, 1861, without having made a final settlement of his accounts. He left a will, which was afterwards duly probated, in which he appointed one Weatherby his executor, and devised to him all his real and personal estate to have and hold the same in trust for the payment of his debts. The will directed that immediately after his death, his real estate and perishable property should be sold by the executor, and that his debts should be paid, and…
2Cases cited8 opinions
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- Putnam v. RitchieNew York Court of Chancery · 1837
- Howard v. NorthTexas Supreme Court · 1849
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- Cole v. JohnsonMississippi Supreme Court · 1876
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3Cited by14 opinions
- Mississippi Motor Finance, Inc. v. ThomasMississippi Supreme Court · 1963
- Bond v. MontgomerySupreme Court of Arkansas · 1892
- Hutson v. WoodIllinois Supreme Court · 1914
- Eugene Barriffe v. Lawson v. NelsonMississippi Supreme Court · 2014
- Hutcher v. HobbySupreme Court of Georgia · 1890
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