Oliver v. Smith
Mississippi Supreme Court
From the chancery court of, second district, Panola county. Hon. Isaac T. Blount, Chancellor. Oliver, appellant, was complainant in the court below; Mrs. Smith and others, appellees, were defendants there. From a decree adverse to complainant, dismissing the bill, he appealed to the supreme court. The opinion of the court sufficiently states the facts.
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From the chancery court of, second district, Panola county. Hon. Isaac T. Blount, Chancellor. Oliver, appellant, was complainant in the court below; Mrs. Smith and others, appellees, were defendants there. From a decree adverse to complainant, dismissing the bill, he appealed to the supreme court. The opinion of the court sufficiently states the facts. The appellees, defendants below, were distributees, of the estate of J. B. Wynne, deceased, of which the appellant had been appointed and served as administrator. The law appropriates the estate of a deceased debtor to the payment of expense of…
1Opinion of the CourtFletcher, J.
This suit was instituted by appellant in his capacity as creditor in order to collect a probated debt. It was shown that this creditor was the administrator and had filed his final account. Upon the hearing of this final account, the existence of unpaid probated claims seems to have been overlooked, and distribution was directed to be made among the heirs without first paying the debts of the estate. Creditors were not parties to this proceeding, and, of course, their right to payment cannot be affected by the decree directing distribution. As to such creditors the estate remains…
2Cases cited2 opinions
- Pollock v. BuieMississippi Supreme Court · 1870
- Sims v. SimsMississippi Supreme Court · 1855
3Cited by1 opinion
- Rogers v. RosenstockMississippi Supreme Court · 1918