Greener v. Neal
Mississippi Supreme Court
Appeal from the Chancery Court of Chickasaw County. Hon. Baxter McFarland, Chancellor. In the matter of the estate of G. S. Neal, deceased, the administrator, J. M. Neal, filed a petition on May 21, 1883, showing that debts aggregating more than eight hundred dollars and including the appellant’s account were contained in the register of claims against the estate, which consisted of two hundred and seventy-eight dollars in the administrator’s hands.
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Appeal from the Chancery Court of Chickasaw County. Hon. Baxter McFarland, Chancellor. In the matter of the estate of G. S. Neal, deceased, the administrator, J. M. Neal, filed a petition on May 21, 1883, showing that debts aggregating more than eight hundred dollars and including the appellant’s account were contained in the register of claims against the estate, which consisted of two hundred and seventy-eight dollars in the administrator’s hands. Next day the estate was declared insolvent upon the basis of the legality of these claims, and it appearing that, upon the granting of letters of…
1Opinion of the CourtCampbell, C. J.
Under § 2059, of the Code of 1880, a claim against an insolvent estate, not filed with the clerk of the court as required, is not to be embraced in the list of claims allowed. The effect of the requirement to file the claim with the clerk was to restore the rule declared in Hansell v. Forbes, 33 Miss. 42. Eegistration is a sufficient presentation of a claim to the executor, administrator, or collector, but when an estate is declared insolvent, and notice is published of a day for creditors to attend, their claims, although registered, must be filed with the clerk by the day named in the…
2Cases cited1 opinion
- H. H. Hansell & Bro. v. ForbesMississippi Supreme Court · 1857
3Cited by3 opinions
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- Drainage Dist. No. 1 v. EvansMississippi Supreme Court · 1924
- Maxey v. GoolsbyMississippi Supreme Court · 1923