Jones v. Foster
Mississippi Supreme Court
Appeal from the Chancery Court of Copiah County. Hod, E. Gf. Peyton, Jr., Chancellor. The opinion of the court contains a sufficient statement of the facts in the case. It is the settled doctrine in this state, that where an administrator takes a note payable to himself, although it was given for property of his intestate, he may sue in his individual character. The same rule is applicable to guardians.
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Appeal from the Chancery Court of Copiah County. Hod, E. Gf. Peyton, Jr., Chancellor. The opinion of the court contains a sufficient statement of the facts in the case. It is the settled doctrine in this state, that where an administrator takes a note payable to himself, although it was given for property of his intestate, he may sue in his individual character. The same rule is applicable to guardians. Laugham v. Thompson, 6 S. & M., 259; Eckford v. Hogan, 44 Miss., 898; Trotter v. White, 10 S. & M., 607. As to guardians, see Eckford v. Hogan, supra, where it is said that where a note is…
1Opinion of the CourtSimball, J.
In 1860, Jones, the appellant, sold, under decree of the probate court, as guardian for Robert I., William L. and Frances E. Allen, minors, his wards, certain real estate, on .a credit. B. O. *52Foster became the purchaser and executed his bonds for the purchase money, with Ford and Lowe as his surities. Of these bonds, Jones transferred the one first due (1st Jan., 1861,) to Susan Morton, the greater part of which has been paid.
In the same year, 1860, Jones, as the administrator of W. H. Allen, deceased, sold certain real estate of which his intestate died seized, of which B. O. Foster also…
2Cases cited1 opinion
- Roberts v. StarkeMississippi Supreme Court · 1872
3Cited by2 opinions
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