Sivley v. Summers
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. PeytoN, Chancellor. On March 2, 1864, G. W. Summers died in Hinds County, Mississippi, the owner of an estate real and personal, including the land in controversy. He devised his property to his heirs and his widow, Maria J. Summers, the realty to be divided among them according to the statute, and appointed his son, Charles H. Summers, and one Charles Hill, his executors.
Read the full summary
Appeal from the Chancery Court of Hinds County. Hon. E. G. PeytoN, Chancellor. On March 2, 1864, G. W. Summers died in Hinds County, Mississippi, the owner of an estate real and personal, including the land in controversy. He devised his property to his heirs and his widow, Maria J. Summers, the realty to be divided among them according to the statute, and appointed his son, Charles H. Summers, and one Charles Hill, his executors. The will was registered in the Probate Court of Hinds Countjr, where the land lies, and on Aug. 1,1864, the executors qualified. Charles H. Summers resigned April…
1Opinion of the CourtCampbell, J.
At the time of the appointment of Rawley Sivley, administrator de bonis non cum testamento annezo of G. W. Summers, deceased, all the claims against said decedent were barred by Code 1871 § 2155 continued in force from the Code of 1857, except the claim of R. S. Drone, evidenced by the promissory note of the testator, due and payable Jan. 1, 1865. It was not barred, because it matured after the death of the testator and maker, and, therefore, was not a cause of action against him, and, according to repeated decisions, is not affected by the statute cited. Bingaman v. Robertson, 25 Miss. 501;…
2Cases cited5 opinions
- French v. DavisMississippi Supreme Court · 1859
- Tatum v. McLellanMississippi Supreme Court · 1879
- Bingaman v. RobertsonMississippi Supreme Court · 1853
- Buckingham v. WalkerMississippi Supreme Court · 1873
- Pope v. BowmanMississippi Supreme Court · 1854
3Cited by15 opinions
- Duncan v. GerdineMississippi Supreme Court · 1882
- Vernita Bell v. Texaco, IncorporatedCourt of Appeals for the Fifth Circuit · 2012
- McKinney v. AdamsMississippi Supreme Court · 1909
- Rogers v. RosenstockMississippi Supreme Court · 1918
- Clay v. FieldSupreme Court of the United States · 1885
10 more not listed; retrieve them via the Exa API.