Whitehead v. Wooten
Mississippi Supreme Court
Appeal from the chancery court of Coahoma county. Shackleford, J. Appellant as executor of E. D. Whitehead, deceased, filed in the chancery court of Coahoma county, his bill of complaint, seeking to enforce the vendors lien on certain lands sold by him as executor, and praying for the appointment of a receiver. Motion for the appointment was made before answer filed, and without proper notice to some of the defendants in the suit.
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Appeal from the chancery court of Coahoma county. Shackleford, J. Appellant as executor of E. D. Whitehead, deceased, filed in the chancery court of Coahoma county, his bill of complaint, seeking to enforce the vendors lien on certain lands sold by him as executor, and praying for the appointment of a receiver. Motion for the appointment was made before answer filed, and without proper notice to some of the defendants in the suit. The motion was denied, and the complainant brought the case to this court by appeal. The only question presented by the record, is whether or not the court below…
1Opinion of the Court
Simrall, J.:
S. E. Whitehead, as executor of E. D. Whitehead, deceased, under the license and decree of the probate court of Coahoma county, on the 8th of October, A.D. 1860, sold and conveyed to Richard Wooten, on a credit of one and two years, a tract of land which belonged to his testator, for the sum of. $26,400. Bonds and personal security were taken for the installments, and the statutory lien expressly retained on the land. In March, 1861, Richard Wooten sold and conveyed a part of the land to George W. Parks and brother (who were sureties on his bonds), for the price of $13,200, on one…
2Cases cited1 opinion
- Sandford v. SinclairNew York Court of Chancery · 1840
3Cited by11 opinions
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
- Pressley v. HarrisonIndiana Supreme Court · 1885
- Schreiber v. CareyWisconsin Supreme Court · 1880
- Cameron v. WhiteSupreme Court of Oklahoma · 1927
- Hardy v. McClellanMississippi Supreme Court · 1876
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