Arnold v. Hamer
Mississippi Chancery Courts
The bill states that Charles A. Weston died in 1837, in the county of Yazoo, leaving a'large estate of personal property. That prior to his death he had been engaged in farming and the sale of merchandise in the county of Holmes; and that for two or three years before his death he had, in connexion with one James W. Exum, been engaged in retailing merchandise at Manchester, in .Yazoo county, under the firm name of Weston & Exum.
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The bill states that Charles A. Weston died in 1837, in the county of Yazoo, leaving a'large estate of personal property. That prior to his death he had been engaged in farming and the sale of merchandise in the county of Holmes; and that for two or three years before his death he had, in connexion with one James W. Exum, been engaged in retailing merchandise at Manchester, in .Yazoo county, under the firm name of Weston & Exum. That at the February term, 1837, of the probate court of Yazoo county, letters of administration on the estate of Charles A. Weston were granted to defendants Hamer…
1Opinion of the Court
The Chancellor.
There are two leading questions presented by the demurrer. The first is a question of jurisdiction between the court of chancery and the probate court. The second relates to the rights of the joint and separate creditors of persons composing a partnership. The latter will be first examined. I consider the law well settled upon principles of equal justice and solid reason, that upon the death of one of several partners, a joint creditor has no claim for the payment of his debt out of the separate estate of the deceased partner, until the claims of the separate creditors have…
2Cited by2 opinions
- Lessee of Hauer v. ShitzSupreme Court of Pennsylvania · 1801
- James's ClaimSupreme Court of the United States · 1780