Pool v. Ellis
Mississippi Supreme Court
Appeal from the Chancery Court of Clay County. Hon. F. A. Cjritz, Chancellor. Alfred Ellis died intestate in October, 1866. On December 10, 1866, Thomas S. Ellis was appointed administrator of his estate. On April 30, 1867, there were duly registered and probated certain claims of Seth P. Pool against the estate of Alfred Ellis, all of which claims were then past due.
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Appeal from the Chancery Court of Clay County. Hon. F. A. Cjritz, Chancellor. Alfred Ellis died intestate in October, 1866. On December 10, 1866, Thomas S. Ellis was appointed administrator of his estate. On April 30, 1867, there were duly registered and probated certain claims of Seth P. Pool against the estate of Alfred Ellis, all of which claims were then past due. On September 9, 1869, the administrator presented his petition to the probate court, and asked that the estate be declared insolvent, which was duly done by a decree of the chancery court on November 2, 1872. Accordingly, the…
1Opinion of the CourtCoopee, C. J.
We do not find it necessary to determine whether, since £he adoption of the constitution of 1869, it is competent for a chancery court under any circumstances to direct a sale of land to be made in tracts exceeding one hundred and sixty acres. It is indisputably true that the sale made in 1872 was thought by all parties to be invalid because of the excess in quantity of each tract offered, and a re-sale was made to conform to the constitutional provision. No objection to the second sale was made by Pool. He acquiesced *563in wbat was done, and appeared at the second sale and bought again the land…
2Cases cited4 opinions
- Gaskins v. BlakeMississippi Supreme Court · 1854
- Hendricks v. PughMississippi Supreme Court · 1879
- McGee v. HolmesMississippi Supreme Court · 1885
- State ex rel. Delmas v. CoxMississippi Supreme Court · 1885
3Cited by12 opinions
- Bank of Hickory v. McPhersonMississippi Supreme Court · 1912
- Seward v. DoganMississippi Supreme Court · 1945
- Murphy v. SewardMississippi Supreme Court · 1926
- La Blanc v. BusbyMississippi Supreme Court · 1955
- Tillman v. Richton Tie & Timber Co.Mississippi Supreme Court · 1955
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