Troup v. Rice
Mississippi Supreme Court
Appeal from the chancery court of Monroe county. Hon. O. II. Whitfield, Chancellor. The facts.in this case are sufficiently stated in the opinion of the court.
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Appeal from the chancery court of Monroe county. Hon. O. II. Whitfield, Chancellor. The facts.in this case are sufficiently stated in the opinion of the court. The following are the assignments of error: 1. Said chancery court erred in overruling the separate demurrer of W. W. Troup, executor, to the amended bill of complaint in the said cause. 2. Said chancery court erred in overruling the separate demurrer of W. W. Troup and Susan Troup, and the minor heirs of Mary Troup, deceased, by their guardian ad litem,., to the amended bill of complaint in said cause. 3. Said chancery court erred…
1Opinion of the CourtTaRBELL, J.
The record and papers in this cause, leave the mind in doubt whether this is a proceeding on the probate side of chancery, or-an invocation of the equity power of that court. In form, the proceeding is by the usual bill of complaint, with averments, charges, and exhibits, according to the usual practice in equity. The,object of the bill, however, is only to compel an executor to a final settlement, or, if the estate is not in a condition for final settlement, then, for a partial distribution, upon refunding bonds. The bill calls for an answer, and contains interrogatories to the executor,…
2Cited by1 opinion
- Smith v. EverettMississippi Supreme Court · 1874