Temples v. Cain
Mississippi Supreme Court
Appeal from the Circuit Court of Franklin County. Hon. J. B. Chrisman, Judge. On the 22d of February, 1869, Rowan Temples and others brought this action of ejectment against Dempsey B. Cain to recover a certain tract of land, which the plaintiffs claimed as the heirs of Loyd A. Temples, deceased, and which the defendant held as the purchaser therepf at a sale by the administrator of decedent’s estate.
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Appeal from the Circuit Court of Franklin County. Hon. J. B. Chrisman, Judge. On the 22d of February, 1869, Rowan Temples and others brought this action of ejectment against Dempsey B. Cain to recover a certain tract of land, which the plaintiffs claimed as the heirs of Loyd A. Temples, deceased, and which the defendant held as the purchaser therepf at a sale by the administrator of decedent’s estate. Issue having been joined between the parties, the case came on for trial on the 6th of April, 1882, when it was agreed that the parties on both sides claimed through Loyd A. Temple, deceased, as…
1Opinion of the CourtChalmers, J.
Two questions are presented by the record.
1.. Had our Probate Court, under the Constitution of 1832, jurisdiction to appoint an administrator of a decedent who left no personal estate, but died the owner of realty, leaving debts, for the payment of which a sale of the realty was necessary?
2. Can the heirs of a decedent, whdse land has been sold by decree of the Probate Court, bring ejectment to recover it from the administrator who has directly or indirectly purchased at his wn sale, without a precedent procéeding to vacate the decree of the court of probates confirming the sale?
It was said…
2Cases cited4 opinions
- Cocks v. SimmonsMississippi Supreme Court · 1879
- Bland v. MuncasterCourt of Appeals of Mississippi · 1852
- Jones v. SmithMississippi Supreme Court · 1857
- Sadler v. Trustees of Prairie LodgeMississippi Supreme Court · 1882
3Cited by1 opinion
- Day v. Hart, Administrator, Etc.Mississippi Supreme Court · 1958