Yerger v. Ferguson
Mississippi Supreme Court
Appeal from tbe Chancery Court of Washington County. Hon. E. P. Harman, Chancellor. In 1861, Harvey Miller died, leaving a considerable real and personal estate, and Edward P. Johnson qualified, in the Probate Court, as executor of his last will and testament. On July 26, 1869, the executor filed a petition in the Probate ■Court, to have the estate of the testator declared insolvent, and to have the lands sold to pay the debts.
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Appeal from tbe Chancery Court of Washington County. Hon. E. P. Harman, Chancellor. In 1861, Harvey Miller died, leaving a considerable real and personal estate, and Edward P. Johnson qualified, in the Probate Court, as executor of his last will and testament. On July 26, 1869, the executor filed a petition in the Probate ■Court, to have the estate of the testator declared insolvent, and to have the lands sold to pay the debts. Upon this petition, citations to the heirs of Harvey Miller, the deceased, were issued by the clerk of the court, of his own motion, and without any order of the…
1Opinion of the CourtCampbell, J.
It was not erroneous to render a final decree on the return-day of the citation, and on the day when the answer of the infant defendants was filed by their guardian ad litem. Wells et al. v. Smith, Admr., 44 Miss. 296. No precedent order of court was necessary to authorize the issuance of the citation. Laws Miss., Acts 1867, p. 407.
The third ei’ror assigned is not well taken, because we cannot say from the schedule of debts filed with the petition that the estate was not insolvent, and the presumption that the decree is correct as to that must prevail.
The petition to the Chancery Court for…
2Cases cited3 opinions
- Hamilton v. LockhartMississippi Supreme Court · 1867
- Rucker v. DyerMississippi Supreme Court · 1870
- Wells v. SmithMississippi Supreme Court · 1870