Evans v. Fisher
Mississippi Supreme Court
Appeal from tbe Probate Court of Lafayette county. Lion. A. Peterson, judge. Tbe facts of the case will be found in tlie opinion of the court.
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Appeal from tbe Probate Court of Lafayette county. Lion. A. Peterson, judge. Tbe facts of the case will be found in tlie opinion of the court. By the common law, tbe real estate of a deceased person was not liable to answer bis simple contract debts, no actions being maintainable against tbe beir in respect of descended assets, except by creditors, whose debts were constituted by an instrument under seal, tbat is a specialty obligation, and not even then, unless an intention to charge tbe beir of tbe debtor were distinctly indicated. 2 Jarman on Wills, 395. This common law rule lias been…
1Opinion of the CourtIIaNdy, C. J.
This is an appeal, by the heir-at-law of Samuel W. Evans, deceased, from a decree of the Court of Probates, ordering a sale of the real estate of the deceased, for the payment of his debts.
It appears, .by the record, that the will of the deceased was admitted to probate in January, 1860, by which he directed that his property should be kept together until January, 1864, and that his debts should be paid by the proceeds of the crops; that the executors received credit on their inventory for the slaves and other personal property of the deceased, amounting to the sum of $156,000, including five…
2Cases cited4 opinions
- Lee v. GardinerMississippi Supreme Court · 1853
- Paine v. PendletonMississippi Supreme Court · 1856
- Doriocourt v. JacobsSupreme Court of Louisiana · 1846
- Turner v. EllisCourt of Appeals of Mississippi · 1852
3Cited by4 opinions
- Gift v. LoveMississippi Supreme Court · 1932
- Hollman v. BennetMississippi Supreme Court · 1870
- Stigler v. PorterMississippi Supreme Court · 1869
- Martin v. CullenNew Jersey Court of Chancery · 1879