Manly v. Kidd
Mississippi Supreme Court
Appeal from the Superior Court of Chancery. Hon. Charles Scott, chancellor. The demurrer should have been sustained, 1. Because this suit is virtually for the benefit of the same parties who were complainants in and lost the former suit. It is a mere artifice to evade the decree in that case, and perpetuate litigation.
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Appeal from the Superior Court of Chancery. Hon. Charles Scott, chancellor. The demurrer should have been sustained, 1. Because this suit is virtually for the benefit of the same parties who were complainants in and lost the former suit. It is a mere artifice to evade the decree in that case, and perpetuate litigation. Whilst.our courts permit distributees to sue in the absence of an administrator (7 Cushm. 65), it would be monstrous to permit them, when cast in the suit, to renew the controversy by obtaining the appointment of an administrator, and suing in his name. So far as this record…
1Opinion of the CourtHandy, J.
The substance of the bill in this case is, that Robert Willis died intestate in this State in the year 1827, and that in April, 1855, letters of administration upon his estate were granted to Kidd, the complainant. That he owned, at the time of his death, certain slaves, sought to be recovered, and left certain named persons his distributees; that in the year 1835, the slaves came to the possession of two of the distributees, one of whom was David Willis, as the undivided property of the estate, and that during that time, David Willis executed a mortgage of the slaves to one Barnard, to…
2Cases cited1 opinion
- Wood v. FordMississippi Supreme Court · 1855
3Cited by6 opinions
- Stokes v. PillowSupreme Court of Arkansas · 1897
- Jones v. R. L. Clemmer & SonMississippi Supreme Court · 1910
- O'Connell v. United StatesDistrict Court, E.D. Illinois · 1941
- Traweek v. KellyMississippi Supreme Court · 1882
- Williams v. PattersonMississippi Supreme Court · 1948
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