Nagle v. Ball
Mississippi Supreme Court
From the chancery court- of Lauderdale county. Hon. W. T. Houston, Chancellor. Appellants, complainants in the court below, are creditors of the firm of John T. Ball & Co., which was composed of John T. Ball and his sou, A. II. Ball. John T. Ball died in 1890, and A. H. Ball, the surviving partner, was appointed administrator of his estate. Publication was duly made for creditors of the estate to present and register their claims.
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From the chancery court- of Lauderdale county. Hon. W. T. Houston, Chancellor. Appellants, complainants in the court below, are creditors of the firm of John T. Ball & Co., which was composed of John T. Ball and his sou, A. II. Ball. John T. Ball died in 1890, and A. H. Ball, the surviving partner, was appointed administrator of his estate. Publication was duly made for creditors of the estate to present and register their claims. The personalty of the estate proved insufficient to pay the registered debts, and, after the expiration of the year allowed for probating claims, complainants, T.…
1Opinion of the CourtWoods, J.
We fail to discover the fraud supposed by counsel for appellant to have been practiced by A. H. Ball, administrator, on complainants, in inducing them not to probate their claims until barred by §§ 2026, 2028, code of 1880. In a single instance only, in all the letters filed in the record, is there any reference to the propriety or necessity of probating any claim against any person. In the letter of September 1, 1890, from A. H. Ball to James Ohlen & Sons that solitary reference is found, and in these words: “ It will not be necessary for you to probate any account against John T. Ball &…
2Cases cited2 opinions
- Corson v. BersonCalifornia Supreme Court · 1890
- Ales v. PlantMississippi Supreme Court · 1883
3Cited by4 opinions
- Vanderpool v. VanderpoolMontana Supreme Court · 1914
- State ex rel. Scherber v. Probate Court of Hennepin CountySupreme Court of Minnesota · 1920
- Harrison MacHine Works v. AufderheideMissouri Court of Appeals · 1926
- Joyce v. Central Surety & Insurance Corp.Missouri Court of Appeals · 1959