Harrison, Administrator, et al. v. Mock et als.

This page is not transcribed, please help transcribe this page

525 Harrison et al } Supreme Court Jany Term 1849 vs Mock et al } and the plff in error came and say there is manifes error in the record, and assign the following as grounds ...... if ever

The register used in sustaining the 1st and 2nd exceptions of Complts to his report , by which he charged the admr of R.B. Harrison with $6126, with interest from 18th July 1845 instead of $4137.68 thereby altering his report of July 1845 which had been confirmed & when that part of the case was not refered to him. By which he also charges the admin of R.B. Harrison with $1100 & interest from 1 Jany 1844, being the amount of the cotton crop of1843, when there was no decree against the admr of R.B. Harrison, or against the admr of Meyer R.K.Harrrison, who made the crop of 1843 and recd the proceeds, and no allegations to sustain such a decree.

2 The register used is not deducting the necessary expenses in making the crop of 1843, should it be found he was correct in charging the admr of R.B. Harrison with it.

3 The register erred in not allowing the admr of R.B. Harrison a credit for the money he paid for the slaves, Hagar, Aaron, Eliza, Nancy and child, and in refusing him the further credit of $1988.32 with interest from 18 July 1845, the latter amount having been allowed him by a report of July Term 1845, which had been confirmed, and no further testimony being taken.

4 The chancellor erred in confirming the Register's Report, and in overruling the exceptions on the admr of R.B. Harrison, as shown by the records and in decreeing that sd admr pay the sum of 12260.79 out of the assets of R.B. Harrison in his hands, without allowing him sd credit of $1988.32 with interest from 18 July 45, and without allowing him credit for the slaves, Hagar, Aaron, Eliza, Nancy and child or their value, without interest from the time R.B.Harrison paid the executors There is no error in the record J & I Williams for Defts in Error

JM Boling for plffs in error

526 Kirkland Harrison ad(?) et al vs Edward Mock et al South East No2679

Harrison admr vs Mock et al

Revised & remanded 28th June 1849 Chilton J

minutes page 63