Bridgforth v. Payne
Mississippi Supreme Court
Appeal from the Chancery Court of De Soto County. Hon. J. G. Hall, Chancellor. On the 28th of July, 1870, James Jenkins, as executor of the last will and testament of Thomas A. Iredell, deceased, obtained an order of'the chancery court for the sale of the lands belonging to the estate of the testator, for the purpose of distribution among the legatees.
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Appeal from the Chancery Court of De Soto County. Hon. J. G. Hall, Chancellor. On the 28th of July, 1870, James Jenkins, as executor of the last will and testament of Thomas A. Iredell, deceased, obtained an order of'the chancery court for the sale of the lands belonging to the estate of the testator, for the purpose of distribution among the legatees. Ou the 31st of August, 1870, the executor gave bond with Isaac Jenkins and T. O. Bridgforth, as sureties, conditioned that he should sell the land according to the directions of the court, and' páy over and' distribute the proceeds thereof…
1Opinion of the CourtCooper, C. J.
The appellant by his demurrer insisted generally upon the protection afforded by the statute of limitations without stating upon what statute he relied. If it be conceded that under the demurrer he might have relied on any statute which existed against the demand, it would avail him nothing, for he withdrew his demurrer as to Lilly Totten, and obtained leave to raise the defense in his answer, and by the answer he specifically pleaded the bar of the statute of six years. The suit is upon a sealed instrument, and to such the statute of seven and not that of six years applied. Acts of 1873, p.…
2Cases cited5 opinions
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- Estate of Miller v. MillerMississippi Supreme Court · 1982
- Downey v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1899
- Blunck v. BlunckSupreme Court of Oklahoma · 1935
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