Alcorn v. State
Mississippi Supreme Court
Error to the Circuit Court of Tallahatchie County. Hon. Sam. Powel, Judge. The clerk, under the facts of this case, could not be appointed special commissioner to complete the sale, and while he may be individually liable for meddling with the decedent’s estate, his sureties cannot be held, for it was no part of his official duty to administer on the estate. This case is anomalous.
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Error to the Circuit Court of Tallahatchie County. Hon. Sam. Powel, Judge. The clerk, under the facts of this case, could not be appointed special commissioner to complete the sale, and while he may be individually liable for meddling with the decedent’s estate, his sureties cannot be held, for it was no part of his official duty to administer on the estate. This case is anomalous. No administrator existed when the clerk was ordered to perform the duties of one, and he did so without giving any bond. The case is governed by the probate practice, not by that of the equity side of the court.…
1Opinion of the CourtGeorge, C. J.
G. A. Nicholetts was elected chancery clerk of Talla-hatchie County for the term of four years from the first Monday in January, A.D., 1872, and the plaintiffs in error were the sureties on his official bond. This action was brought on the relation and for the use of “ Robert Reddick as special commissioner in chancery, in the matter of the estate of James K. Orr ” against said Nicholetts and the sureties on his official bond as-chancery clerk, to recover the sum of two hundred and fifty-eight dollars, which it is alleged that Nicholetts, as special commissioner in the matter of the same…
2Cited by3 opinions
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- State v. HuffmanOregon Supreme Court · 1888
- United States Fidelity & Guaranty Co. v. Yazoo CityMississippi Supreme Court · 1917