Buckingham v. Wesson
Mississippi Supreme Court
Appeal and ckoss-appeal from the Chancery Court of Monroe County. Hon. L. IÍATTGHTON, Chancellor. Charles M. Wesson, administrator of Moye, who had recovered judgment Nov. 23,1870, in a suit against Bradford, Cocke and the executrix of Stirling H. Buckingham, brought April 10, 1866, on a note dated Oct. 6, 1856, due Aug. 10, 1859, signed by Bradford and Cocke & Buckingham; and Robert Cobb, administrator of Walker, who had a judgment recovered by Walker Nov. 11, 1870, in a…
Read the full summary
Appeal and ckoss-appeal from the Chancery Court of Monroe County. Hon. L. IÍATTGHTON, Chancellor. Charles M. Wesson, administrator of Moye, who had recovered judgment Nov. 23,1870, in a suit against Bradford, Cocke and the executrix of Stirling H. Buckingham, brought April 10, 1866, on a note dated Oct. 6, 1856, due Aug. 10, 1859, signed by Bradford and Cocke & Buckingham; and Robert Cobb, administrator of Walker, who had a judgment recovered by Walker Nov. 11, 1870, in a suit instituted against the same parties April 18, 1866, on a similar note dated Sept. 25, 1856, due one day after date, —…
1Opinion of the CourtCampbell, J.
The decree sustaining the demurrer to the cross-bill is affirmed. The crossAill presents no ground for relief of any *533sort. Its allegations as to the receipt showing a right to a credit on the note to Walker fall short of the well-settled rule of diligence required in such cases, and the claim of Mrs. Buckingham to the assets of the estate appropriated bjr her is purely defensive, and is asserted fully in her answer, rendering her cross-bill both unnecessary and improper.
The decree subjecting the lots in Aberdeen and the land obtained from Cocke to liability for the demands of creditors, is…
2Cases cited1 opinion
- Jacks v. BridewellMississippi Supreme Court · 1876
3Cited by6 opinions
- Meyer v. MeyerMississippi Supreme Court · 1913
- Culbertson v. McCannSupreme Court of Oklahoma · 1983
- Davis v. SturdivantMississippi Supreme Court · 1944
- Hawie v. StateMississippi Supreme Court · 1919
- Robertson v. Ætna Ins.Mississippi Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.