Ferguson v. Scott
Mississippi Supreme Court
Appeal from the chancery court of Washington county. Hon. E. Staeeord, Chancellor. S. W. Ferguson, administrator de lonis non of the estate of Guignard Scott, deceased, filed his bill in the chancery court of Washington county, on the 4th day of November, 1871, to subject to sale, for the payment of debts, an interest of one-fifth of one-sixth of and in certain lands in that county, derived by his intestate as heir at law of Calhoun Scott, deceased.
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Appeal from the chancery court of Washington county. Hon. E. Staeeord, Chancellor. S. W. Ferguson, administrator de lonis non of the estate of Guignard Scott, deceased, filed his bill in the chancery court of Washington county, on the 4th day of November, 1871, to subject to sale, for the payment of debts, an interest of one-fifth of one-sixth of and in certain lands in that county, derived by his intestate as heir at law of Calhoun Scott, deceased. Guignard Scott left no personal estate of any kind. The debt alleged to be due and owing by said intestate is a judgment rendered against said…
1Opinion of the CourtSimrall, J.
The policy of the statute is that t-heye shall be a speedy administration of an estate, by payment of creditors and turning over of the surplus to the distributees. To enable the acL *503ministrator to perform the first duty, the.law charges the real estate as well as the personal with the debts, and deducting the exemptions, gives authority to the administrator to apply the lands whenever he shall discover the personal property insufficient. § 1148, Code 1871. As a means to make that discovery, the administrator is enjoined, as soon as practicable, to cause an inventory and appraisement of the…
2Cases cited1 opinion
- Moody v. HarperMississippi Supreme Court · 1860
3Cited by8 opinions
- Scott v. WareSupreme Court of Alabama · 1879
- Partee v. KortrechtMississippi Supreme Court · 1876
- Brickell v. LightcapMississippi Supreme Court · 1917
- Faler v. McRaeMississippi Supreme Court · 1878
- Yandell v. PughMississippi Supreme Court · 1876
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