Legal Opinion

North v. Lowe

Mississippi Supreme Court

Decided October 15, 1885PublishedCited by 5 opinions

Appear from the Chancery Court of Hinds County. Marye Dabney, Esq., Special' Chancellor, presiding in the place of Hon. E. G. Peyton. In 1884 the estate of George W. Prince, deceased, and of which C. S. North was the administrator, was declared insolvent by a decree of the chancery court. On petition of the administrator a day was appointed for the examination and allowance of claims against the estate.

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Appear from the Chancery Court of Hinds County. Marye Dabney, Esq., Special' Chancellor, presiding in the place of Hon. E. G. Peyton. In 1884 the estate of George W. Prince, deceased, and of which C. S. North was the administrator, was declared insolvent by a decree of the chancery court. On petition of the administrator a day was appointed for the examination and allowance of claims against the estate. Dr. C. F. Lowe on that day presented two claims, which had been duly probated and registered, to the allowance of which the administrator objected. The claims were two open accounts, one for…

1Opinion of the CourtCampbell, J.

"When the administrator objected to the allowance of the claims in favor of the appellee they should have been established by competent evidence. The fact that the accounts had been probated and registered amounted to nothing, and proof of their correctness was necessary. The evidence offered was not sufficient to establish the claims, and the decree allowing them is reversed, and the cause remanded for further proceedings in the chancery court.

2Cited by5 opinions

  1. Nicholson v. Dent, Robinson & WardMississippi Supreme Court · 1940
  2. Union & Planters' Bank & Trust Co. v. RyleeMississippi Supreme Court · 1922
  3. Foster v. SchafferMississippi Supreme Court · 1904
  4. Ladnier, Admr. v. CrossMississippi Supreme Court · 1961
  5. Wooley v. WooleyMississippi Supreme Court · 1943

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