Henderson v. Winchester
Mississippi Supreme Court
In error from the Superior Court of Chancery. Hon. Charles Scott, chancellor. Previous to the year 1840, (the precise date not appearing from the record,) the administrator of Phoebe Hunter and others, filed their bill in the Superior Court of Chancery, against John C. Jenkins, as administrator of John F. Carmichael, to recover a sum of money claimed by the complainants to be due to them by said Carmichael.
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In error from the Superior Court of Chancery. Hon. Charles Scott, chancellor. Previous to the year 1840, (the precise date not appearing from the record,) the administrator of Phoebe Hunter and others, filed their bill in the Superior Court of Chancery, against John C. Jenkins, as administrator of John F. Carmichael, to recover a sum of money claimed by the complainants to be due to them by said Carmichael. Jenkins appeared and contested complainant’s claim, and in January, A. d. 1850, a final decree was rendered, dismissing the bill. The complainants (among whom was now John Henderson, he…
1Opinion of the CourtHandy, J.
We think it manifest that it was error, and unwarrantable in the chancellor, to quash the execution of the plaintiff in error, issued in obedience to the mandate of this court, for several reasons :—
1. The execution, issued in conformity to the decree and mandate of this court, was against John C. Jenkins, administrator of John F. Carmichael. The motion to quash it was made by Josiah Winchester, administrator of Jenkins. The execution was wholly *294against the estate of Carmichael, with which the administrator of Jenkins had no right to interfere, it not even running against him for costs; and…
2Cited by13 opinions
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- Root v. McFerrinMississippi Supreme Court · 1859
- Bates v. StricklandMississippi Supreme Court · 1925
- Dunn v. ClinghanMississippi Supreme Court · 1908
- Starling v. SorrellMississippi Supreme Court · 1924
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