Norris v. Callahan
Mississippi Supreme Court
Appeal from the Chancery Court of Marshall County. Hon. A. B. Í'ly, Chancellor. The appellee, as executor of the will of the late J. C. Norris, petitioned for the sale of the land in controversy to pay the testator’s debts on deficiency of personal estate and of other real estate. The will, which was exhibited with the petition as part thereof, is described in the opinion.
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Appeal from the Chancery Court of Marshall County. Hon. A. B. Í'ly, Chancellor. The appellee, as executor of the will of the late J. C. Norris, petitioned for the sale of the land in controversy to pay the testator’s debts on deficiency of personal estate and of other real estate. The will, which was exhibited with the petition as part thereof, is described in the opinion. A decree was made, which, reciting that, after notice to the legatees and answers by guardian ad litem of the minor defendants mentioned in the petition, all interested parties were legally before the court, directed that…
1Opinion of the Court
■ Campbell, J.,
delivered the opinion of the court.
The most important question in this case is, whether, under § 1956 of the Code of 1871, the land exempted by law from sale, under 'execution or attachment, and devised by the owner, was, by virtue of such devise, made liable to be sold by decree of the court in which the will was proved, on the application of the executor, to pay the debts of the testator after the exhaustion of the personalty, and other land ? It was settled by the adjudications of this court under statutes employing the same phraseology as the section of the Code mentioned…
2Cases cited5 opinions
- Turner v. TurnerMississippi Supreme Court · 1855
- McLemore v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1880
- Nash v. YoungMississippi Supreme Court · 1856
- Mayo v. ClancyMississippi Supreme Court · 1880
- Sledge v. BooneMississippi Supreme Court · 1879
3Cited by8 opinions
- Osburn v. SimsMississippi Supreme Court · 1884
- Sweatman v. DeanMississippi Supreme Court · 1905
- Mills v. MillsMississippi Supreme Court · 1973
- Kelly v. AlredMississippi Supreme Court · 1888
- Memorial Hospital at Gulfport v. FranzkeMississippi Supreme Court · 1994
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