Robinson v. Burritt
Robinson v. Burritt
Opinion of the Court
delivered the opinion of the court.
The bill in this cause was dismissed by the court below upon the ground of want of jurisdiction to afford any relief. In Carmichael v. Hunter, 4 How. (Miss.) 308, and Wathan v. Glass, 54 Miss. 382, it was decided that a court of chancery had jurisdiction to decree
The defendant having received money which ex equo et bono belongs to the ward, cannot defeat the present proceeding on the ground that she was a trespasser and should be sued for the tort. The demand is a “ debt ” within our attachment laws.
The decree is reversed and cause remanded.
Reference
- Full Case Name
- William Robinson, by next Friend v. Mary K. Burritt
- Status
- Published
- Syllabus
- 1. Disseizor. Disability of owner. Equity jurisdiction to decree rents and profits. The chancery court has jurisdiction of a suit by one who is non compos mentis to recover rents and profits of his land from a disseizor. 2. Attachment in Chancery. Such claim a “ debt.\ Such a demand is a “ debt” within the meaning of our laws which may be enforced by attachment."