Clopton v. Elkin
Mississippi Supreme Court
Error to the circuit court of Monroe county. Hon. B. B, Boone, Judge. Ulysses McAllister and E. M. Bramlett, administrators-im chief of the estate of John Eortson, deceased, sued Wm. H. Clopton and John Clopton, in debt, Upon anote for $1538.45, dated May 6th, 1861, due February 21st, 1862, executed by them to the plaintiffs as such administrators, by one A. Kendrick (since deceased) as principal, and the defendants as sureties.
Read the full summary
Error to the circuit court of Monroe county. Hon. B. B, Boone, Judge. Ulysses McAllister and E. M. Bramlett, administrators-im chief of the estate of John Eortson, deceased, sued Wm. H. Clopton and John Clopton, in debt, Upon anote for $1538.45, dated May 6th, 1861, due February 21st, 1862, executed by them to the plaintiffs as such administrators, by one A. Kendrick (since deceased) as principal, and the defendants as sureties. The defendants filed divers pleas. 1. Two separate pleas of non est factum* 2. A joint special plea of fraud on the sureties, by the administrators, in the concoction…
1Opinion of the CourtSimball, J.
The plaintiffs in error sought to be relieved from liability on the ground, mainly of fraud practiced upon them as sureties for the debt of one Kendrick.
The matters complained of as error, arose upon the rulings of the circuit court on the pleadings, on the admission and *103rejection of testimony, the instructions to the'jury, and on the motion for a new trial.
The defense (raised somewhat in the other pleadings) mainly urged, is contained in the second plea, to-which a demurrer was sustained. In that plea these facts are averred; that before the sale made by the administrators, the defendants…
2Cases cited5 opinions
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Rees v. OverbaughNew York Supreme Court · 1827
- Davis v. CarlisleSupreme Court of Alabama · 1844
- Jones v. SmithMississippi Supreme Court · 1857
- Ruff v. SmithMississippi Supreme Court · 1856
3Cited by2 opinions
- Everman v. RobbMississippi Supreme Court · 1876
- Carr v. Doan Savings & Loan Co.Ohio Supreme Court · 1925