Reedy v. Armistead
Mississippi Supreme Court
Appeal from the Chancery Court of the Middle District. Hon. S. S. Wright, vice-chancellor. The appellees filed their bill in the court below,, to enforce a special lien reserved in the deed, to secure the payment of the purchase-money of a tract of land sold by them to one L. N. Dement. The bill was filed against the administrator of Dement, and also against his heirs at law.
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Appeal from the Chancery Court of the Middle District. Hon. S. S. Wright, vice-chancellor. The appellees filed their bill in the court below,, to enforce a special lien reserved in the deed, to secure the payment of the purchase-money of a tract of land sold by them to one L. N. Dement. The bill was filed against the administrator of Dement, and also against his heirs at law. The administrator pleaded in abatement to the bill, that the suit had beep commenced against them before the expiration of nine months from the date of the grant of letters of administration to him. This plea was…
1Opinion of the CourtHandy, J.
The only question presented in this case is, whether a bill filed to enforce the vendor’s lien, for unpaid purchase-money, against the administrator of the purchaser, before the expiration of nine months from the date of the letters of administration, can be maintained.
The statute provides, “ that no suit or action shall be brought against any executor or administrator, in such capacity, till after the expiration of nine months from the date of proving the will, or granting letters of administration. Hutch. Code, 674. Its policy was to allow time to administrators to examine, and understand…
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