Hargrove v. Baskin
Mississippi Supreme Court
Error to the Chancery Court of Chickasaw County. Hon. Austin Pollard, Chancellor. The opinion of the court contains a sufficient statement of the case. Contended that section 1148 of the Rev. Code of 1871 is merely cumulative, and does not interfere with other modes of proceeding against the estates of decedents. Independent of this statute, a creditor in behalf of himself and other creditors can file his bill to have the lands sold for the payment of debts.
Read the full summary
Error to the Chancery Court of Chickasaw County. Hon. Austin Pollard, Chancellor. The opinion of the court contains a sufficient statement of the case. Contended that section 1148 of the Rev. Code of 1871 is merely cumulative, and does not interfere with other modes of proceeding against the estates of decedents. Independent of this statute, a creditor in behalf of himself and other creditors can file his bill to have the lands sold for the payment of debts. If there has been no administration and no personal property it is unnecessary to make the administrator a party. Code, § 977. Chancery…
1Opinion of the CourtSlMRiVLL, J.
In October, 1869, E. H. Hargrove recovered a judgment against Mary E. Baskin, administratrix of I. H. Baskin, deceased, for $1,026.20, upon which execution was issued and returned a nulla bona.” The original and amended bills against the administratrix and heirs of I. H. Baskin, deceased, allege that there is no personal property out of which the judgment can be satisfied ; there*196fore the complainant claims and prays that the real estate of which the intestate Baskin died seized, shall be sold, and the money applied to pay heirs, and all other creditors who will come in under the decree. Upon…
2Cases cited2 opinions
- Root v. McFerrinMississippi Supreme Court · 1859
- Hollman v. BennetMississippi Supreme Court · 1870
3Cited by4 opinions
- Partee v. KortrechtMississippi Supreme Court · 1876
- Enochs v. HarrelsonMississippi Supreme Court · 1879
- Brickell v. LightcapMississippi Supreme Court · 1917
- Parker v. NewellMississippi Supreme Court · 1971