Chambless v. Vick
Mississippi Supreme Court
IN error from the Circuit Court of Claiborne county. Hon. Stanhope Posey, judge. cited Carter v. Saunders, 2 How. Miss. R. 851; Bonaffe v. Benner, 6 S. & M. 216.
1Opinion of the Court
Fisher,, J.,
delivered the opinion of the court.
This was an action in the Circuit Court of Claiborne county, *110founded upon a writing obligatory, payable to the plaintiff below, as guardian of Matilda Y. McCray. The defendants pleaded that the plaintiff had ceased to be guardian, and if the money was due to any one, it was due to the said Matilda or her present guardian, without stating his name. The court below sustained a demurrer to this plea, and this presents the only important question to be decided.
If it were true that the plaintiff had ceased to be guardian, and the instrument had passed…
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