Hill v. Billingsly
Mississippi Supreme Court
Appeal from the Chancery Court of Lee County. Hon. O. H. Whiteield, Chancellor. This was a bill in chancery, filed by Samuel Billingsly against the heirs-at-law of Thomas Williams, deceased, to restrain them from prosecuting an action of ejectment.
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Appeal from the Chancery Court of Lee County. Hon. O. H. Whiteield, Chancellor. This was a bill in chancery, filed by Samuel Billingsly against the heirs-at-law of Thomas Williams, deceased, to restrain them from prosecuting an action of ejectment. The bill alleged that Thomas Williams died intestate in 1863, leaving real and personal estate, and largely indebted ; that one Harris was appointed administrator, and, at the August Term of the Probate Court, 1866, filed a petition to have the estate declared insolvent, and to sell the land to pay debts; that, at the November Term following, the…
1Opinion of the CourtSimrall, C. J.
The complainant enjoined the prosecution of the action of ejectment brought by the heirs of Thomas Williams, deceased, on two grounds: First, that the purchase-money had been paid to the administrator, who had disbursed it to the creditors of the estate ; and, secondly, that an account should be taken of the permanent valuable improvements put upon the land, which should be charged upon it. The case is essentially in principle, as to the first ground of relief, like that of Graines v. Kennedy, ante, 103. It rests on the principle that if the money paid by the purchaser of the land is actually…
2Cases cited4 opinions
- Short v. PorterMississippi Supreme Court · 1870
- Jayne v. BoisgerardMississippi Supreme Court · 1861
- Ham v. SchuylerNew York Court of Chancery · 1816
- Quin v. HartMississippi Supreme Court · 1904
3Cited by4 opinions
- Bonner v. LessleyMississippi Supreme Court · 1883
- Aron v. Chaffe, Powell & WestMississippi Supreme Court · 1894
- Luckett v. BrickellMississippi Supreme Court · 1917
- Butler v. Scottish-American Mortgage Co.Mississippi Supreme Court · 1908