Paine v. Pendleton
Mississippi Supreme Court
Appeal from tbe Probate Court of Adams county. Hon. Reuben Bullock, judge. The appellant, as administratrix de lonis non of Adam Bower, deceased, filed her petition in the court below against the heirs of her intestate, praying for an order of sale of certain real estate, which it was alleged belonged to the decedent in his lifetime, and had upon his death descended to the heirs. She alleged a deficiency of personal assets to pay the debts.
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Appeal from tbe Probate Court of Adams county. Hon. Reuben Bullock, judge. The appellant, as administratrix de lonis non of Adam Bower, deceased, filed her petition in the court below against the heirs of her intestate, praying for an order of sale of certain real estate, which it was alleged belonged to the decedent in his lifetime, and had upon his death descended to the heirs. She alleged a deficiency of personal assets to pay the debts. Some of the heirs having failed to answer, a pro eonfesso was taken as to them. Three other persons appeared and answered the petition. One of them…
1Opinion of the CourtHaNDT, J.
This was a petition filed by the plaintiff in error in the Probate Court of Adams county, suggesting the insufficiency of the personal estate of the intestate to pay the debts of the estate, and praying a sale of. the real estate for that purpose. Notice and publication were accordingly ordered and made, warning the heirs, and all other persons interested in the lands to appear, and show cause why the sale should not be made. The petition was taken pro eonfesso as to the heirs, but other parties appeared and showed cause, by way of answer, against the sale, denying that the personal estate…
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