Potts v. Gray
Mississippi Supreme Court
Appeal from the Chancery Court of Winston County. Hon. F. A. Critz, Chancellor. In July, 1877, K,. S. Hudson, executor of the last will and testament of John F. Gray, deceased, filed a bill praying for an order of court to sell the lands devised for the purpose of reimbursing him for expenditures made on account of the estate, and for distribution amongst the devisees, and alleging that the lands were of such a character that they could not be partitioned.
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Appeal from the Chancery Court of Winston County. Hon. F. A. Critz, Chancellor. In July, 1877, K,. S. Hudson, executor of the last will and testament of John F. Gray, deceased, filed a bill praying for an order of court to sell the lands devised for the purpose of reimbursing him for expenditures made on account of the estate, and for distribution amongst the devisees, and alleging that the lands were of such a character that they could not be partitioned. Ella Gray, one of the devisees, answered the bill, traversing its material allegations, opposing the sale of the land for division, and…
1Opinion of the CourtCampbell, C. J.
Sect. 2577 of the Code of 1880 was improperly applied in this case, because the proceeding, which terminated in a partition of the lands was begun, not by the appellee, but by another, and her “ cross-petition,” as it was called by her solicitor, was not necessary to the procurement of the decree made. If her petition for the appointment of commissioners to make partition had not been added to her answer, the de-cre'e finally made would have been the same. Under the Code of 1871, sect. 1810, and the amendatory act on page 119 of Acts of 1875, it was lawful for Hudson, as executor, to proceed…
2Cited by6 opinions
- Hoffman v. SmithMississippi Supreme Court · 1884
- Neblett v. NeblettMississippi Supreme Court · 1893
- Liles v. LilesMissouri Court of Appeals · 1906
- Brower v. Rosenbaum & LittleMississippi Supreme Court · 1921
- Parnell v. SmithMississippi Supreme Court · 1975
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