Gulledge v. Berry
Mississippi Supreme Court
In error to the Circuit Court of Yazoo county. Hon. E. Gr. Henry, judge. Contended, that a payment made to an administrator, in property, was as good as a payment made in money, and that an administrator had the right to release and compound debts due the estate.
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In error to the Circuit Court of Yazoo county. Hon. E. Gr. Henry, judge. Contended, that a payment made to an administrator, in property, was as good as a payment made in money, and that an administrator had the right to release and compound debts due the estate. See 3 S. & M. 625; 10 lb. 404. In reply, insisted that the purchase made by Joel Grulledge of the slave, from Thomas Grulledge, in payment of the note sued on, was a misapplication of the funds of the estate to his own use, and a fraud upon the rights of his co-administrator and the distributees. That the power given by law to an…
1Opinion of the CourtHandy, J.
This was an action on .a promissory note, made by the plaintiffs in error to the defendants, as administrators of John Warren. The defendants below pleaded payment; and on the trial, it appeared that the principal maker of the note had paid to Joel Gulledge, who was one of the acting administrators, seven hundred and sixty-two dollars in cash ; and that he afterwards paid him the sum of *348fourteen, hundred and forty-eight dollars, by the sale and delivery to Joel Gulledge of a slave valued at that sum.
The verdict and judgment were for the plaintiffs, deducting the amount paid in cash, and the…
2Cases cited1 opinion
- Keithler v. StateMississippi Supreme Court · 1872
3Cited by1 opinion
- Montgomery v. Mutual Life InsuranceMississippi Supreme Court · 1916