Burrus v. Burrus
Mississippi Supreme Court
Appeal from the Probate Court of Yazoo County. Hon. R..B. Mayes, Judge. In August, 1867, the Probate Court of Yazoo County rendered a decree declaring the estate of James R. Burrus, deceased, insolvent, and authorizing the executor to sell the lands of the decedent to pay his debts.
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Appeal from the Probate Court of Yazoo County. Hon. R..B. Mayes, Judge. In August, 1867, the Probate Court of Yazoo County rendered a decree declaring the estate of James R. Burrus, deceased, insolvent, and authorizing the executor to sell the lands of the decedent to pay his debts. From that decree the heirs of Burrus took an appeal, in October, 1877. The other facts necessary to be stated will be found in the opinion of the court. 1. The sheriff’s return shows that the summons was not properly served on the appellants. There is no law for executing process by simply reading it. The return…
1ConcurrenceSimrall, C. J.
The utterances of this court have not been, perhaps, uniform and harmonious on the subject of service of process in proceedings instituted under the probate law, as administered under the Code of 1857 in the Pro'bate Court, and under the present Constitution in the Chancery Court.
The confusion lias arisen mainly from a failure to observe the different mode by which the court,' in probate proceedings, obtains jurisdiction over minors, from that required in the ordinary chancery suit for equitable relief.
Our statutes present the anomaly that the Chancery Court obtains cognizance over an infant…
2Cases cited6 opinions
- Ingersoll v. IngersollMississippi Supreme Court · 1868
- John A. Winston & Co. v. McLendonMississippi Supreme Court · 1870
- Miller v. PalmerMississippi Supreme Court · 1877
- Mullins v. SparksMississippi Supreme Court · 1870
- Erwin v. CarsonMississippi Supreme Court · 1876
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