Eckford v. Hogan

Citations

• 44 Miss. 398

Syllabus

<p>1. Leqal title. — Courts of law only can take cognizance of the legal title, whetlior ühe suit be for the recovery of tangible property or ckoses in aotion, and to enable a plaintiff to make for himself a legal status in a' court of law, he must come clothed With the legal title.</p> <p>2. Defective title. — A note payable to order was transferred by delivery to the plaintiff, who sued on it; afterwards the payee endorsed it. This did not curs the defect in the plaintiff’s title, for ho must have a legal right of action at the time he brings his suit. 13 S. & M.s 46. Nor would he be allowed to give the noto in evidence ■under the common counts.</p> <p>3. Equitable title — Nominal plaintiff. — It is extremely doubtful whether a suit by the nominal plaintiff, and not for the use of one assuming to hold the equitable title, can be defeated by showing that the equitable title was in another. 28 Miss., 67. That such defense is not maintainable, see 2 Scam, 309; 1 Gilman, 153.</p> <p>4. Abministratob. — An administrator may suo in his own name individually on a note payable to him as administrator, and a judgment accordingly is well rendered. 6 S. & M., 259; 10 ib., 607 ; 24 Miss., 168.</p> <p>5. Plantiff — Real—Nominal.—A court of law will allow the equitable assignee of a note to use the name of the holdér of the legal title, to sue for his use, and will not permit the.suit to be controlled by the nominal plaintiff.</p> <p>6. Pabol testimony — Recoeds.—In a suit by an administrator on a noto, parol testimony is admissible to prove that it was taken in renewal of a former note, and to show what was the consideration of the first note, and also to show whether such note ought or ought not to be sealed on account of depreciated currency, etc. So the records of the probate court are competent to show that the debt has boen inventoried, and also to show what had, and what had not been done by the executrix and guardian.</p>