Gibbs v. Sims' Estate
Mississippi Supreme Court
Appeal from the Prohate Court of Hinds county. Hon. R. N. Hall, judge. The act of 1857, under which this estate was administered, directs, that when an estate is shown to be insolvent, the clerk of the court (who is ex officio a general commissioner in insolvency) shall give notice for six months, requiring creditors to “ come forward, amd home thei/r olañms duly probated and registered in the registry Icept by the clerh,” and furthermore provides that any creditor who does…
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Appeal from the Prohate Court of Hinds county. Hon. R. N. Hall, judge. The act of 1857, under which this estate was administered, directs, that when an estate is shown to be insolvent, the clerk of the court (who is ex officio a general commissioner in insolvency) shall give notice for six months, requiring creditors to “ come forward, amd home thei/r olañms duly probated and registered in the registry Icept by the clerh,” and furthermore provides that any creditor who does not do so, shall lose his claim. (Revised Code of 1867, p. 449.) Appellant, however, had done all this before the decree…
1Opinion of the CourtPeyton, J.
*709It appears from the record in this case, that the estate of William H. Sims, deceased, was duly administered in the Probate Court of Hinds county. And- that in the course of administration it was, on the 6th day of February, 1866, dtdy declared insolvent; that the time for presenting claims against said estate, under the decree of insolvency, expired on the third Monday of April, 1861; and that the clerk made out, on the 3d day of July, 1861, a statement of certain claims for a pro rata participation of the assets of said estate, and reported the same to the court, omitting the claims held by…
2Cases cited1 opinion
- H. H. Hansell & Bro. v. ForbesMississippi Supreme Court · 1857