Nutt v. Brandon
Mississippi Supreme Court
From the chancery court of Adams county. Hon. William P. S. Ventress, Chancellor. The appellee, Brandon, administrator of a deceased heir; Mrs. Forsythe and others, heirs; and Henry, executor of a deceased heir of Haller Nutt, deceased, of whose estate the appellant, John K. Nutt, was the administrator, petitioned the chancery court to compel said administrator to make distribution of money in his hands.
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From the chancery court of Adams county. Hon. William P. S. Ventress, Chancellor. The appellee, Brandon, administrator of a deceased heir; Mrs. Forsythe and others, heirs; and Henry, executor of a deceased heir of Haller Nutt, deceased, of whose estate the appellant, John K. Nutt, was the administrator, petitioned the chancery court to compel said administrator to make distribution of money in his hands. The only defense made by the administrator was predicated of the fact that debts of considerable amounts, aggregating $90,000, had been probated against the estate, which had not been paid.…
1Opinion of the CourtCalhoon, J.
• If there was in the creditors the right and power to sue, not exercised for seven, or certainly for ten, years, it is clear they are barred. By ch. 30, p. 72, Laws 1821, sec. 103, (Hutchinson’s Code, p. 668), actions against executors and administrators of insolvent estates, after declaration of insolvency, are expressly forbidden, except for debts for expenses of the last sickness and funeral. By Laws 1822, p. 85, sec. 1 (Hutchinson’s Code, p. 673, art. 2), the law was so changed as to permit suits pending at the date of the representation of insolvency to the court to proceed to trial and…
2Cases cited2 opinions
- Pool v. EllisMississippi Supreme Court · 1886
- Hendricks v. PughMississippi Supreme Court · 1879
3Cited by2 opinions
- Jordan v. BobbittMississippi Supreme Court · 1907
- Jordan v. BobbittMississippi Supreme Court · 1907