Westbrook v. Munger
Mississippi Supreme Court
Appeal from the Chancery Court of Clay County. Hon. F. A. Critz, Chancellor. On the 27th of February, 1867, R. S. Adams, as administrator of the estate of Wyatt Moye, deceased, obtained a decree against C. A. Oliver for eighteen thousand seven hundred and seventy-five dollars and fifty-eight cents, due as. purchase-money of a certain tract of land sold by Moye in his lifetime to Oliver; for the payment of which the land was ordered to be sold upon certain prescribed terms,…
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Appeal from the Chancery Court of Clay County. Hon. F. A. Critz, Chancellor. On the 27th of February, 1867, R. S. Adams, as administrator of the estate of Wyatt Moye, deceased, obtained a decree against C. A. Oliver for eighteen thousand seven hundred and seventy-five dollars and fifty-eight cents, due as. purchase-money of a certain tract of land sold by Moye in his lifetime to Oliver; for the payment of which the land was ordered to be sold upon certain prescribed terms, and in pursuance of the order-of sale the land was sold by a commissioner of the court. His report recites that “ said…
1Opinion of the CourtCampbell, C. J.
The case made by the bill is that the administrator of Moye’s estate enforced a decree he had obtained for the purchase-money of land sold by his intestate, and when, the land was sold it was by the consent of the administrator struck' off to the two Dancy children as purchasers, and conveyed to them on the express condition that the amount of their bid, accepted as cash, should be accounted for by them in the final settlement of the estate of Moye.* The decree was assets of the estate. The éstate was in debt, and all its assets might be required to pay the indebtedness. The Dancy children…
2Cases cited2 opinions
- Cooper v. CooperMississippi Supreme Court · 1884
- Westbrook v. MungerMississippi Supreme Court · 1883