Rucker v. Dyer
Mississippi Supreme Court
Assignment of errors: 1st. The order or judgment for the sale of the lands, did .not require the administrator to give bond and security, as required by the law of November 30, 1858, (Acts, 187, § 1,) and was illegal and void. 2d. The administrator did not give the bond and security before the sale of the land, as required in such case, by the law of November 30,1858 (Acts, 187, § 1), and the sale was, therefore, illegal and void. 3d.
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Assignment of errors: 1st. The order or judgment for the sale of the lands, did .not require the administrator to give bond and security, as required by the law of November 30, 1858, (Acts, 187, § 1,) and was illegal and void. 2d. The administrator did not give the bond and security before the sale of the land, as required in such case, by the law of November 30,1858 (Acts, 187, § 1), and the sale was, therefore, illegal and void. 3d. The administrator did not advertise, by posting the sale of the lands, as required by the order of the court, in that behalf, nor as required by the law in such…
1Opinion of the Court
PeytoN, C. J.:
It appears from the record in this case, that upon the application of Samuel M. Dyer, as administrator of the estate of William IT. Simmons, deceased, the probate court of Yazoo county declared said estate insolvent, and ordered and decreed that certain lands, owned by said decedent at the time of his death, should be sold for the payment of debts, and that in pursuance of the decree of sale, the said administrator sold the same to J. M. Rucker on a credit of nine months, who gave bond and security as required by the decree of sale for the purchase money.
It is conceded that said…
2Cited by4 opinions
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