Boyce v. Francis
Mississippi Supreme Court
Boyce v. Francis, 56 Miss. 573 (Miss. 1879)
Boyce v. Francis
Opinion of the Court
This case falls within the principle announced in Mhoon v. Wilkerson, Exr., 47 Miss. 633, and Kimbrough v. Curtis et al., 50 Miss. 117 ; and laying out of view the partition of the lands of Boyce & Carter, set forth in the bill, a case is presented which entitles complainant to a decree.
The notes are not barred, because the bill shows that no administration has been had on the estate of Francis, their maker. Code, sect. 2162.
Decree reversed, demurrer to amended and original bill overruled, and cause remanded for defendants to answer in thirty days after the mandate herein shall have been filed in the court below.
Reference
- Full Case Name
- James P. Boyce v. Rosanah Francis
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Vbndok and Vendee. Specific performance. Assignee of note. Tender. The assignee of a note for the purchase-money of land for which a title-bond has been given can maintain a bill for specific performance against the representatives of the vendor and vendee, without tendering a deed. Mhoon v. Wükerson. 47 Miss. 633, and Kimbrough v. Curtis, 50 Miss. 117, cited. 2. Limitation of Actions. No bar before administration. Notes unbarred at the death of their maker cannot become barred before ad ministration on his estate. Code 1871, sect. 2162.