Clayton v. Boyce
Mississippi Supreme Court
Appeal from the Chancery Court of Lee County. Hon. Baxter McFarland, Chancellor. The case is stated in the opinion of the court. 1. The first error insisted on in the decree is that in it appellant is charged with half the expense of J. ~W. Crane in attending the commissioners who partitioned the land in 1873. ' In Crane’s account with Boyce he charges one hundred dollars for going with the commissioners who partitioned the land.
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Appeal from the Chancery Court of Lee County. Hon. Baxter McFarland, Chancellor. The case is stated in the opinion of the court. 1. The first error insisted on in the decree is that in it appellant is charged with half the expense of J. ~W. Crane in attending the commissioners who partitioned the land in 1873. ' In Crane’s account with Boyce he charges one hundred dollars for going with the commissioners who partitioned the land. The partition was made under the Code of 1871j §§ 1809 to 1843. The provisions of these sections nowhere provide for any pay for any one. The testimony shows that…
1Opinion of the CourtCoopee, J.
The material facts of this case are, that prior to the year 1854 Ker Boyce, the testator of the appellee, and Farish Carter were the owners of several tracts of land situated in the counties of Lee, Itawamba, Pontotoc, Lafayette, and Tate, and that one James Drane was the agent of the owners and authorized by them to make sales for cash or on credit. Drane made a number of sales, partly for cash and partly on credit, and from time to time remitted to his principals the proceeds received by hiru,
In 1854 Ker Boyce died in the State of South Carolina testate. By his will, which has been duly…
2Cited by4 opinions
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- Lawyers' Surety Co. v. ReinachAppellate Terms of the Supreme Court of New York · 1898
- Moyse v. LaughlinMississippi Supreme Court · 1937