Legal Opinion

Garrett v. Colvin

Mississippi Supreme Court

Decided December 15, 1899PublishedCited by 6 opinions

FeoM tbe chancery court of Lauderdale county. Hon. Nathan C. Hill, Chancellor. Caroline Colvin and others, appellees, were the complainants in the court below: Garrett and others, appellants, were defendants there. The facts are fully stated in the opinion of the court. The bill was prematurely filed.

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FeoM tbe chancery court of Lauderdale county. Hon. Nathan C. Hill, Chancellor. Caroline Colvin and others, appellees, were the complainants in the court below: Garrett and others, appellants, were defendants there. The facts are fully stated in the opinion of the court. The bill was prematurely filed. Why go ;through the ceremony of partitioning this property before the debts are paid? The bill shows that there are debts to be paid, and that there is not sufficient personal property to pay them. To partition now is idle, because it is manifest that it will hereafter be necessary to apply to…

1Opinion of the Court

Terral, J.,

delivered the opinión of the court.

This is a suit for the partition of lands among tenants in common. The parties to the suit are the widow and children of the decedent from whom the estate descended. It appears that the administration of the estate of the decedent is still pending, and that there are debts unpaid, and it does not appear that there is a sufficiency of personal assets in the hands of the administrator to pay the debts. The bill is filed by the widow and three minor children against the two adult heirs, one of whom is the administrator of the estate. It is alleged in…

2Cited by6 opinions

  1. Daughtrey v. DaughtreyMississippi Supreme Court · 1985
  2. Hancock v. MaynardIndiana Court of Appeals · 1920
  3. Cheeks v. HerringtonMississippi Supreme Court · 1988
  4. Barnes v. RogersMississippi Supreme Court · 1949
  5. Greene v. GreeneMississippi Supreme Court · 1926

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