Cheairs' Executors v. Cheairs' Administrators
Mississippi Supreme Court
From the chancery court of, second district, Coahoma county. Hon. A. McC. Kimbrough, Chancellor. Calvin Cheairs’ executors, appellants, were complainants in the court below; the administrators of the estate of Samuel D. Cheairs, deceased, appellees, were defendants there. The facts are sufficiently stated in the opinion of the court.
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From the chancery court of, second district, Coahoma county. Hon. A. McC. Kimbrough, Chancellor. Calvin Cheairs’ executors, appellants, were complainants in the court below; the administrators of the estate of Samuel D. Cheairs, deceased, appellees, were defendants there. The facts are sufficiently stated in the opinion of the court. The single question presented by this appeal is whether the omission from an affidavit for probate of a claim against an estate of the averment that the debt was not usurious, precludes recovery on the debt, there being no pretense that in fact there was any…
1Opinion of the CourtCalhoon, J.
The appellants filed their bill below for the sale of land to pay a debt they allege was owing from appellees’ intestate, E. E. Cheairs, to their testator, Calvin Cheairs. It needs only to be said, in stating the case, that on a demurrer to a cross-bill of appellees, which was overruled, we are called upon to decide on the validity of the probate of the claim, which is as follows:
“Dublin, Miss., Jan. 4th, 1892. $4,750.00. Twelve' months after date I promise to pay to the order of Calvin Cheairs, Sr., four thousand seven hundred and fifty dollars,' with interest at the rate of 10% per annum…
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