Barton v. Magruder
Mississippi Supreme Court
From the chancery court of Wilkinson county. Hon. Claude Pxntard, Chancellor. The appellant, Mary B. Barton, in her bill exhibited against L. W. Magi’uder and Mary J. Magruder, alleged substantially the following facts: She was the owner of a plantation in Wilkinson county, of the value of about $10,000. In 1868, having been the guardian of her four children, Mary J., Thomas H., Douglas N., and E. H. Walker, she was indebted to the three last named, on account of her…
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From the chancery court of Wilkinson county. Hon. Claude Pxntard, Chancellor. The appellant, Mary B. Barton, in her bill exhibited against L. W. Magi’uder and Mary J. Magruder, alleged substantially the following facts: She was the owner of a plantation in Wilkinson county, of the value of about $10,000. In 1868, having been the guardian of her four children, Mary J., Thomas H., Douglas N., and E. H. Walker, she was indebted to the three last named, on account of her guardianship, in the sum of $4,470, to secui'e which she executed a trust-deed on said plantation. She was also indebted to her…
1Opinion of the Court
Campbell, C. J.,
delivered the'opinion of the court.
This case suggests, rather than presents, a state of facts like Robinson v. Leflore, 59 Miss., 148. The bill speaks of a loan by Woods, and of his re-imbursement, but does not distinctly aver that the advance of the money was as a loan to the complainaut. It is evident that this was the real nature, of the transaction, and that the desire to save the land to her was the object for which the money was furnished and applied to the purchase of the land; and, if the bill had been framed in this view, the demurrer would have been overruled; but we…
2Cases cited1 opinion
- Robinson v. LefloreMississippi Supreme Court · 1881
3Cited by8 opinions
- Brabham v. BrabhamMississippi Supreme Court · 1955
- Bush v. BushMississippi Supreme Court · 1924
- Tchula Commercial Co. v. JacksonMississippi Supreme Court · 1927
- STONE, CHAIRMAN v. SampleMississippi Supreme Court · 1953
- Matter of Estate of EvansMississippi Supreme Court · 1978
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