Cases Argued and Decided in the Supreme Court of Mississippi Volume 49
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...entitled to a decree against defendant, then the attachment is equally useless and wrongful. Is the final decree proper, and was the defendant McNeill justly chargeable with the amount of the note? We think so, for several reasons. The note was payable to Thos. H. McNeil; was unassigned, and was in his possession at the time of his death. Prima _/'acie, then, it was the property of' his estate. The father seems to rest his claim to it, upon the ground that he was the owner of the plantation, for the rent of which, it was given. If it be true that this made it his property (which we will show directly, that under the circumstances of the case, it was not), he was certainly bound to prove it. It was an affirmative fact, upon the establishment of which his sole claim to the note is based. Certainly the burden of proving it devolved upon him. Every presumption of law declared it to be the property of. his son's estate. He does not bring forward a particle of proof to rebut these presumptions. Upon the familiar principles then, that he who grounds a right upon the assertion of an affirmative issue, must establish it by proof, we contend Artrument for appcllee. that the decree is correct. More especially is this so in a case like this, where every presumption of law points to 'I'hos. H. McNeill, to whom it was payable, and in whose possession it was, as the owner of the note. But we go farther and say, that even if it had been established that Malcolm McNeill was the owner of the land, the note still belonged to his son. Thos. H. McNeill had occupied and treated the land as his own for many years. The lowest view that can be taken of his interest in the land, is that of a tenant at will, and belongs to that class of tenancies...
- Paperback | 308 pages
- 189 x 246 x 17mm | 553g
- 13 Sep 2013
- Illustrations, black and white