Boyd v. Lowry
Mississippi Supreme Court
Appeal from the Chancery Court of Scott County. Hon. R. B. Stone, Chancellor. The claim was not barred by limitation. Griffin v. Mills, 40 Miss. 611; Code 1857, p. 899, art. 5, p. 456, art. 126; Code 1871, § 2155 ; Woods v. Elliott, 49 Miss. 168; Code 1857, p. 401, art. 18; Code 1871, § 2162; George’s Digest, p. 487, § 98, note.
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Appeal from the Chancery Court of Scott County. Hon. R. B. Stone, Chancellor. The claim was not barred by limitation. Griffin v. Mills, 40 Miss. 611; Code 1857, p. 899, art. 5, p. 456, art. 126; Code 1871, § 2155 ; Woods v. Elliott, 49 Miss. 168; Code 1857, p. 401, art. 18; Code 1871, § 2162; George’s Digest, p. 487, § 98, note. The limitation provided by § 2155 Code is not a limitation on suits against the estate, but a restriction as to the time, after his appointment, in which any administrator may be sued. Hutch. Code, 881; Brown v. Hill, 27 Miss. 51; Woods v. Elliott, 49 Miss. 168. The…
1Opinion of the CourtChalmers, J.
This is an appeal from the report of referees appointed by the Chancellor to pass upon a claim probated against the estate of a decedent, or rather from the order of the Chancellor overruling said report and disallowing the claim. The proceedings are under § 1142 of Code, but are not in accordance with its provisions.
The application for a reference was not made by the executor or administrator as is required by the statute, but by one of the distributees of the estate. The proceeding is statutory and anomalous, and must be strictly conformed to the requirements of the statute. There being no…
2Cases cited2 opinions
- Brown v. HillMississippi Supreme Court · 1854
- Woods v. ElliottMississippi Supreme Court · 1873
3Cited by2 opinions
- Townsend v. Estate of GilbertMississippi Supreme Court · 1993
- Rogers v. RosenstockMississippi Supreme Court · 1918