Simmons v. Holmes

Citations

• 49 Miss. 134

Syllabus

<p>X. School Bund — Sixteenth Section School Lands. — The right of the State to manage the township lands and funds by the agencies prescribed by the Legislature, is not now an open question in this State, This right has. been exercised ever since the organization of the State government. County Superintendents of Education, under our Constitution and the laws of 1870, are the legitimate successors of the Presidents of the Boards of Trustees of the superceded systems, and have the righ t to sue for and recover moneys due to said Trustees for the purchase of lands sold by them; and in the ease at bar, the question of distribution or diversion is not involved,</p> <p>2. Same — Case in Judgment_Where R., as President of the Board of Trustees of the sixteenth section fund, sold a section of land, in 1862, to S. & S., for $4911.14, and took their notes for the purchase money. Meld: That the County Superintendent of Education of the county, as successor, has the right to sue and enforce the vendor's-lien for the purchaso money.</p> <p>3. Same — Equity Jurisdiction_The true basis of equity jurisdiction in this class of cases, rest in the right of a creditor to follow assets of a testator into the hands of distributees, who have received property from an executor, by distribution, under a will, prior to the discharge of all the debts against the estate, 2 Story Eq. Jur., § 1251. Equity jurisdiction is ample, independent of the question ot vendor’s lien. Jurisdiction being established, the right to protect and preserve property by injunction follows as a part of the remedial power of chancery, and this protective-power is equally inherent, upon whatever grounds jurisdiction is obtained.</p>