Legal Opinion

Summers v. Brady

Mississippi Supreme Court

Decided April 15, 1878PublishedCited by 11 opinions

Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. Gr. W. Summers’ died in 1864, and in 1872 his estate was declared insolvent, and the administrator was directed by an order of the Chancery Court to sell the lands belonging to the estate, for the purpose of paying the debts of the decedent. In pursuance of the order of the court, the administrator sold the lands on the 21st of December, 1872, and R. S. Drone became the purchaser thereof.

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Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. Gr. W. Summers’ died in 1864, and in 1872 his estate was declared insolvent, and the administrator was directed by an order of the Chancery Court to sell the lands belonging to the estate, for the purpose of paying the debts of the decedent. In pursuance of the order of the court, the administrator sold the lands on the 21st of December, 1872, and R. S. Drone became the purchaser thereof. Soon after this purchase, Drone conveyed a two-thirds interest in the lands to Rawley Sivley, the administrator, by whom the lands had…

1Opinion of the CourtChalmers, J.

Various errors and irregularities occurred in the proceedings condemning the lands of G. W. Summers, deceased, to be sold for the payment of his debts. At the sale they were bought by R. S. Drone, ostensibly for himself only, but really for himself and the administrator, Sivley, to whom, shortly afterwards, he conveyed a two-thirds interest. Drone and Sivley held the parcel of land here involved for about two years, and then sold it to one McNair, who, some years later, sold to defendants in error.

The heirs of Summers bring this action of ejectment, basing their right to recover upon the…

2Cases cited2 opinions

  1. Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876
  2. Hall v. WellsMississippi Supreme Court · 1877

3Cited by11 opinions

  1. Hamner v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1911
  2. Yazoo & Mississippi Valley Railway Co. v. AdamsSupreme Court of the United States · 1901
  3. Hubbard v. MasseyMississippi Supreme Court · 1941
  4. Pennington v. PurcellMississippi Supreme Court · 1929
  5. Clay v. FieldSupreme Court of the United States · 1885

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