Roberts v. Rogers
Mississippi Supreme Court
IN error from the probate court of Wayne county; Hon. Samuel Jones, judge of the probate court of Wayne county. Assignment of errors. 1. The court below erred in overruling the third and fourth exceptions to the answer of defendant to complainant’s bill. 2. The setting aside the pro confesso, after the case was referred to a master in chancery before his report thereon, without withdrawing the reference. 3. The court erred in allowing the claim of $1,687 for bringing the…
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IN error from the probate court of Wayne county; Hon. Samuel Jones, judge of the probate court of Wayne county. Assignment of errors. 1. The court below erred in overruling the third and fourth exceptions to the answer of defendant to complainant’s bill. 2. The setting aside the pro confesso, after the case was referred to a master in chancery before his report thereon, without withdrawing the reference. 3. The court erred in allowing the claim of $1,687 for bringing the property from Texas before administration. 4. The court erred in allowing the administrator credit for the payment of…
1Opinion of the CourtJustice Fisher
This was a bill of review filed by the appellants in the probate court of "Wayne county, to open the final settlement made by the appellee as administrator of the estate of Henry F. Rogers, deceased.
Among other things, it is alleged, that the administrator paid sundry claims against the estate, which were barred by the statute of limitations. This allegation is met by the answer and proof introduced on the part of the administrator, showing that the intestate left the State about the year 1839 or 1840, and never returned to it again. The counsel of the appellants, however, contend, that while…
2Cited by3 opinions
- Ames v. WilliamsMississippi Supreme Court · 1895
- Byrd v. WellsMississippi Supreme Court · 1866
- Hayes v. First Joint Stock Land BankMississippi Supreme Court · 1936