Merchants' & Farmers' Bank v. Kelleher
Mississippi Supreme Court
Appeal from the chancery court of Lauderdale county. Hon. Gr. C. Tann, Chancellor. Proceeding for allowance of claim of Merchants’ & Farmers’ Bank, against the estate of C. Phillips, deceased. After order taken by W. J. Kelleher, administrator, disclosing estate insolvent, from an order preferring otter claims, to the exclusion of the Merchants’ & Farmers’ Bank, it appeals. The facts are fully stated in the opinion of the court.
Read the full summary
Appeal from the chancery court of Lauderdale county. Hon. Gr. C. Tann, Chancellor. Proceeding for allowance of claim of Merchants’ & Farmers’ Bank, against the estate of C. Phillips, deceased. After order taken by W. J. Kelleher, administrator, disclosing estate insolvent, from an order preferring otter claims, to the exclusion of the Merchants’ & Farmers’ Bank, it appeals. The facts are fully stated in the opinion of the court. Section 2117, Code of 1906, reads as follows: “When the time for probating and registering claims has elapsed, the court shall cause notice to be inserted in some…
1Opinion of the CourtHoldeN, J.
C. Phillips died intestate in Lauderdale county, leaving a small estate; his debts exceeding the value of the estate. An order was taken by the administrator declaring the estate insolvent, and notice was given to the creditors to file their claims for examination, as required by section 2117, Code of 1906 (section 1785, Hemingway’s Code). The claim of appellant for seventy-one dollars and twenty-five cents was duly filed. with the clerk under said notice. At the time appointed by the court to examine into the validity of the claims filed with the clerk, other claims amounting to more than…
2Cases cited1 opinion
- Greener v. NealMississippi Supreme Court · 1883
3Cited by2 opinions
- Drainage Dist. No. 1 v. EvansMississippi Supreme Court · 1924
- Maxey v. GoolsbyMississippi Supreme Court · 1923