Campbell v. Doyle
Mississippi Supreme Court
Appeal from the Chancery Court of Montgomery County. Hon. R. W. WilliamsON, Chancellor. The personal estate being insufficient to pay the debts, land must be sold, under Code 1871, § 1148 ; and the bill by the administrator to vest the title in himself, relieve it of clouds, and so prepare for the sale that the best price may be obtained, is proper and within, the recognized jurisdiction of the Chancery Court.
Read the full summary
Appeal from the Chancery Court of Montgomery County. Hon. R. W. WilliamsON, Chancellor. The personal estate being insufficient to pay the debts, land must be sold, under Code 1871, § 1148 ; and the bill by the administrator to vest the title in himself, relieve it of clouds, and so prepare for the sale that the best price may be obtained, is proper and within, the recognized jurisdiction of the Chancery Court. Bowers v. Williams, 34 Miss. 324. Code 1871, § 1111, provides that the administrator, so far as necessary to execute his duties, has the right to the possession of the real estate. The…
1Opinion of the CourtGeorge, C. J.
The bill in this case was filed by an administrator to recover land, which he alleged belonged to his intestate. His right to do so, as stated in the bill, is based upon the ground that the assets of the estate are insufficient to pay the debts ; but it is not shown that the estate has been declared insolvent, nor are the heirs of the intestate made parties. The demurrer to the bill was therefore properly sustained. From this order the administrator appealed to this court without giving bond for costs, as required by the statute. Code 1871, §§ 1251, 1252.
The decisions are uniform, from a very…
2Cases cited4 opinions
- Hamberlin v. TerryMississippi Chancery Courts · 1843
- Hunter v. ThurmonMississippi Supreme Court · 1853
- Williamson v. ChildressMississippi Supreme Court · 1853
- Taylor v. WebbMississippi Supreme Court · 1879
3Cited by2 opinions
- Wright v. WrightMississippi Supreme Court · 1931
- Mann v. LowryMississippi Supreme Court · 1880