Linton v. Skinner
Mississippi Supreme Court
Appeal from circuit court of Newton county. Hon. A. J. McLatjrin, Judge. On suggestion of error. The appellee does not bring this suit in her individual capacity but she sues as the administratrix of the estate of Mrs. J. L. Pool deceased. In order that she may maintain her suit as administratrix, it is necessary that she make profert of her letters of administration before she can recover in this capacity; this she has failed to do.
Read the full summary
Appeal from circuit court of Newton county. Hon. A. J. McLatjrin, Judge. On suggestion of error. The appellee does not bring this suit in her individual capacity but she sues as the administratrix of the estate of Mrs. J. L. Pool deceased. In order that she may maintain her suit as administratrix, it is necessary that she make profert of her letters of administration before she can recover in this capacity; this she has failed to do. It was held in the case of Ligón v. Bishop Bxrs., 43 Miss. 527, Profert — Practice.—“In all actions by executors, administrators or giuardians, profert of the…
1Opinion of the CourtSmith, C. J.
This is an action of replevin, brought by the appellee, as administratrix of the estate of Mrs. L. J. Pool, deceased, to recover from the appellant a cow and calf alleged to belong to the Pool estate. A copy of the administratrix's letters testamentary was not filed with or attached to the affidavit by which the action was commenced, no evidence of the appointment of the appellee as administratrix of the estate appears from the record to have been introduced at the trial. The judgment of the court below, which was for the appellee, was affirmed on a former day of this termi, and the appellant…
2Cases cited1 opinion
- Martin v. TarverMississippi Supreme Court · 1871
3Cited by1 opinion
- Britton v. Magnolia State Casket & Supply Co.Mississippi Supreme Court · 1950