Legal Opinion

Hamilton v. Mississippi College

Mississippi Supreme Court

Decided April 15, 1876Published

Appeal from the Chancery Court of'Hinds County. Hon. Harvy B. Ware, Chancellor. The facts in this case are fully set out in the opinion of the court. The following error is assigned : “ The court erred in overruling the demurrer filed by Mrs. Hamilton and- others to the original bill.” 1. It is nowhere alleged in the bill that any of complainants have a judgment and return of nulla bona.

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Appeal from the Chancery Court of'Hinds County. Hon. Harvy B. Ware, Chancellor. The facts in this case are fully set out in the opinion of the court. The following error is assigned : “ The court erred in overruling the demurrer filed by Mrs. Hamilton and- others to the original bill.” 1. It is nowhere alleged in the bill that any of complainants have a judgment and return of nulla bona. The rule is laid down in Winn v. Barrett, 2 George, 660, that, where the estate has been declared insolvent, the debt must be established by the probate court, if not already reduced to judgment. The bill…

1Opinion of the CourtSimrall, C. J.

This is an appeal from the order of the chancellor overruling a demurrer to the bill.

Three causes were assigned :

1. The court had no jurisdiction.

2. No equity on the face of the bill.

*673. Multifariousness — in that it seeks to subject two parcels of land, owned by different persons, under different deeds. The bill states this case.

The complainants are (with the exception of Hillman, the executor) the creditors of the testator, Wilburn. They have probated their claims, which have been duly registered and enrolled against his estate. These several claims, by promissory note, open account, and…

2Cases cited5 opinions

  1. Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
  2. Armstrong v. StovallMississippi Supreme Court · 1853
  3. Winn v. BarnettMississippi Supreme Court · 1856
  4. Butler v. SpannMississippi Supreme Court · 1854
  5. Forniquet v. ForstallMississippi Supreme Court · 1857

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