John A. Winston & Co. v. McLendon
Mississippi Supreme Court
Appeal from the probate court of Monroe county. Wallace, J. 1st. The court erred in decreeing a sale of the lands, the service of process and publication as to the heirs being defective. 2d. There was no proof of the insolvency of the estate. A question presented is, the right of appellants to contest in this court, the regularity of the decree of the court below.
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Appeal from the probate court of Monroe county. Wallace, J. 1st. The court erred in decreeing a sale of the lands, the service of process and publication as to the heirs being defective. 2d. There was no proof of the insolvency of the estate. A question presented is, the right of appellants to contest in this court, the regularity of the decree of the court below. The appellee, as administrator of Jarman, filed his petition in the probate court of Monroe county, suggesting the insolvency of the estate, and asking for a sale of the realty. After a decree of insolvency and sale, appellants, who…
1Opinion of the Court
Simrall, J.:
This case is brought to this court by appellants, creditors of Isaac II. Jarman, deceased, for the purpose of reviewing the decree of the probate court of Monroe county, in a proceeding by the administrator de lonis non, for the sale of the real estate. At the June term, A. D. 1869, of the probate court, Charles McClendon, administrator de lonis non, of Isaac H. Jarman, deceased, filed his petition for the sale of the lands and tenements of his intestate, suggesting that the personal estate was exhausted, and that both personal and real estate would not be sufficient to pay the…
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