Fearn v. Shirley
Mississippi Supreme Court
Appeal from tbe Superior Court of Chancery. Hon. Charles Scott, Chancellor. 1. The statutory bar to the trustees is a bar to the infants and Mrs. Shirley. Hill on Trustees, 503, 504; Revenden v. Annesley, 2 Scho. & Lef. 628; White v. Prentiss, 3 Monroe, R. 503. 2. The bill should have shown that James J. Shirley, at the time of Fearn’s purchase, was under no disability to sue.
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Appeal from tbe Superior Court of Chancery. Hon. Charles Scott, Chancellor. 1. The statutory bar to the trustees is a bar to the infants and Mrs. Shirley. Hill on Trustees, 503, 504; Revenden v. Annesley, 2 Scho. & Lef. 628; White v. Prentiss, 3 Monroe, R. 503. 2. The bill should have shown that James J. Shirley, at the time of Fearn’s purchase, was under no disability to sue. If complainants rely upon the exceptions in the Statute of Limitations, as saving them from its operation, they must show themselves by the allegation of their bill to be within the exceptions. 4 Wash. C. C. ft. 631; 1…
1Opinion of the CourtHandy, J.
The material facts stated in the complainant’s hill are, that in January, 1841, the complainant Adeline Shirley, the wife of James Shirley, purchased from Leigh, Maddox & Co., and Samuel B. Marsh, the slaves in controversy, for her sole and separate use, and in behalf of herself and her children, which she then had or thereafter might have; and that Marsh and Leigh, Maddox & Co., conveyed the slaves to Shattuck and CarutÜers, as trustees for Mrs. Shirley, and her children and others, upon the following trusts; that the trustees should permit Mrs. Shirley, and her children, and James Shirley…
2Cases cited1 opinion
- Bacon v. GrayMississippi Supreme Court · 1851
3Cited by7 opinions
- Williams v. WindhamLouisiana Court of Appeal · 1925
- Brockett v. RichardsonMississippi Supreme Court · 1884
- Eckford v. EvansMississippi Supreme Court · 1878
- Parmele v. McGintyMississippi Supreme Court · 1876
- Perry v. EllisMississippi Supreme Court · 1885
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