Legal Opinion

Hamilton v. Lockhart

Mississippi Supreme Court

Decided June 15, 1867PublishedCited by 10 opinions

Appeal from the Chancery Court of Lowndes county. ILon. H. W. Foote, chancellor. Appellants, in 1866, filed their bill against Lockhart and wife, Moody, and the heirs of Joseph B. Cobb. The bill states that Billups and Clayton, as administrators of J. B. Cobb, petitioned the Probate Court of Lowndes county for a decree to sell the lands of their intestate.

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Appeal from the Chancery Court of Lowndes county. ILon. H. W. Foote, chancellor. Appellants, in 1866, filed their bill against Lockhart and wife, Moody, and the heirs of Joseph B. Cobb. The bill states that Billups and Clayton, as administrators of J. B. Cobb, petitioned the Probate Court of Lowndes county for a decree to sell the lands of their intestate. That, in order to pay debts, it was necessary to sell lands or personal property; and the sale of the lands would best promote the interest of all parties. That the Probate Court decreed that certain parcels of land be sold on a credit of…

1Opinion of the CourtEllett, J.

The administrators of <T. B. Cobb, under an order of the Probate Court of Lowndes county, sold a certain tract of land, which was purchased by the defendant Lockhart. The purchase-money was secured by bills of exchange, accepted by the appellants,, as sureties for the purchaser, and they allege that they have paid the bills ; and they bring this suit to be subrogated to the lien on the property, given by statute to the administrators, as a security for the purchase-money. The bill also *478charges fraudulent conveyances to have been made of the property by Lockhart, in favor of his wife, and his…

2Cases cited3 opinions

  1. Currie v. StewartMississippi Supreme Court · 1854
  2. Washington v. McCaughanMississippi Supreme Court · 1857
  3. Cohea v. StateMississippi Supreme Court · 1857

3Cited by10 opinions

  1. Myers v. McGavockNebraska Supreme Court · 1894
  2. McPike v. WellsMississippi Supreme Court · 1876
  3. Moore v. SummervilleMississippi Supreme Court · 1902
  4. Hubachek v. Maxbass Security BankSupreme Court of Minnesota · 1912
  5. Hentz v. Delta BankMississippi Supreme Court · 1898

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