Buie v. Pollock
Mississippi Supreme Court
Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton, Chancellor. The case is stated in the opinion of the court, 1. Prentiss Buie and Blue and wife are not proper parties to-this proceeding, because not within the terms of section 976 of the Code of 1871. This bill, if against executors and the sureties on their bonds only, would be within said statutes, and maintainable, if brought in the proper county, under the decision in Duncan v. BanJc of Mississippi, 52…
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Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton, Chancellor. The case is stated in the opinion of the court, 1. Prentiss Buie and Blue and wife are not proper parties to-this proceeding, because not within the terms of section 976 of the Code of 1871. This bill, if against executors and the sureties on their bonds only, would be within said statutes, and maintainable, if brought in the proper county, under the decision in Duncan v. BanJc of Mississippi, 52 Miss. 740. But-the bill goes fui'ther, and seeks to subject P. Buie and Blue and wife, who are not parties to the bond…
1Opinion of the CourtSimrall, C. J.
Thomas C. Pollock, surviving executor, etc., recovered a judgment against A. M. Buie and K,. W. Buie, executors of Neill Buie, deceased, for $1,866.20. Not being able to find property of the testator, the execution was returned nulla bona. Thereupon he brought this bill in chancery against the executors, and those who are alleged to represent the sureties on their bond, viz., J. M. Buie, administrator of Daniel Buie, deceased, one of the sureties, Prentiss Buie, and Mrs. Blue and Luther Blue, her husband. Prentiss Buie and Mrs. Blue are the children and heirs at law of David Buie, another…
2Cases cited3 opinions
- Sheets v. SeldenSupreme Court of the United States · 1869
- Bank of Mississippi v. DuncanMississippi Supreme Court · 1876
- Isom v. First National BankMississippi Supreme Court · 1876
3Cited by7 opinions
- State v. MarshallMississippi Supreme Court · 1911
- Davis v. DavisMississippi Supreme Court · 1943
- Lefler v. StateIndiana Supreme Court · 1899
- Patty v. WilliamsMississippi Supreme Court · 1894
- Lawson v. DeanMississippi Supreme Court · 1926
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