Legal Opinion

Powell v. Cooper

Mississippi Supreme Court

Decided October 15, 1868Published

Appeal from tbe Probate Court of Madison county. Hon. W. S.’Bailey, judge. At tbe November Term, 1867, of tbe Probate Court of Madison county, E. I). Wade, clerk, presented a list of claims probated, registered, and filed witb him against the estate of S. H. Lanier, deceased, of which appellant was the administrator de bonis non, and which had been previously declared insolvent; notice of said declaration of insolvency had been published as required by law.

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Appeal from tbe Probate Court of Madison county. Hon. W. S.’Bailey, judge. At tbe November Term, 1867, of tbe Probate Court of Madison county, E. I). Wade, clerk, presented a list of claims probated, registered, and filed witb him against the estate of S. H. Lanier, deceased, of which appellant was the administrator de bonis non, and which had been previously declared insolvent; notice of said declaration of insolvency had been published as required by law. In this list of claims is one in favor of Geo. W. Gillam for $8,209.95, being a judgment in Madison Circuit Court, rendered on 1st…

1Opinion of the CourtShackelford, C.J.

This is an appeal from the final decree of the Probate Court of Madison county, rendered on the 13th day of November, 1867, upon the report of the commissioner of insolvency, and the proof in the cause, against J. R. Powell, the appellant.

The report of the commissioner, E. D. Wade, and all the proof in the case, are embodied in the bills of exceptions taken and allowed at the hearing.

The first error assigned is, that “ the court erred in overruling the exceptions taken to the allowance of the-commissioner, Wade, of the claim of G-. W. Gillam.”

The proof shows that the claim of Gillam had…

2Cases cited3 opinions

  1. Crowder v. ShackelfordMississippi Supreme Court · 1858
  2. Anderson v. TindallMississippi Supreme Court · 1853
  3. Cole v. LeakeMississippi Supreme Court · 1854

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