Mitchener v. Robins
Mississippi Supreme Court
From the chancery court of Lee county. Hon. Baxter McFarland, Chancellor. The petition of the appellant was filed against the administrator and widow and children of one Holditch, who had died intestate, and whose estate had been declared insolvent.
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From the chancery court of Lee county. Hon. Baxter McFarland, Chancellor. The petition of the appellant was filed against the administrator and widow and children of one Holditch, who had died intestate, and whose estate had been declared insolvent. It sought to subject the property that had descended to the widow and children as exempt property, to the payment of a debt against the estate that had been allowed by the chancery court, so far as the amount thereof was concerned. The petition alleged that the debt was for labor performed in the lifetime of the deceased, but did not allege that…
1Opinion of the CourtWoods, J.
The first and second propositions argued in the brief of counsel for appellees, for brevity’s sake, may be considered together. The first is, that the estate of Holditch having been declared insolvent before appellant’s petition had been filed, no action could be brought against the administrator on any claim; and the second is that the administrator was improperly made a party to the suit, as he had no interest in or control over the exempt property of the decedent on which appellant was seeking to fix a charge for a privileged debt. Both contentions may be conceded to be sound, and yet it…
2Cases cited2 opinions
- Anderson v. NewmanMississippi Supreme Court · 1882
- F. W. Rosenthal & Co. v. EnevoldsenMississippi Supreme Court · 1884
3Cited by1 opinion
- Taylor v. MurphyMississippi Supreme Court · 1967