Mizell v. Herbert
Mississippi Supreme Court
On appeal from the superio’r court of chancery; Hon. Stephen. Cocke, chancellor. On the 30th of May, 1844, A. Mizell, administrator de bonis non of John Gibbons, deceased, alleges in his bill that his intestate died in July, 1841, the owner of a slave named Isaac ; leaving no heirs but his brother Matthew, William, and complainant's wife.
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On appeal from the superio’r court of chancery; Hon. Stephen. Cocke, chancellor. On the 30th of May, 1844, A. Mizell, administrator de bonis non of John Gibbons, deceased, alleges in his bill that his intestate died in July, 1841, the owner of a slave named Isaac ; leaving no heirs but his brother Matthew, William, and complainant's wife. William administered, but neglected to render an inventory until April, 1844, when he returned one and resigned, and complainant was appointed on the 23d of April, 1843. While William was absent from the state, Samuel Herbert attached Isaac, as the property…
1Opinion of the CourtChief Justice ShaRKey
delivered the opinion of the court. ■
On the 23d of April, 1843, Herbert sued out an attachment on an account against William Gibbons, which was levied on a slave named Isaac. Pending that suit, the complainant filed this bill, and prayed an injunction to restrain the sale of the negro, on the ground that he did not belong to William Gibbons, but was the property of John Gibbons's estate, on which the plaintiff was administrator de bonis non, William Gibbons having been originally appointed administrator. The respondent answered, denying the allegations of the bill, and charging that if the…
2Cases cited1 opinion
- Whipple v. Lansing & Van RensselaerNew York Court of Chancery · 1818