F. W. Rosenthal & Co. v. Enevoldsen
Mississippi Supreme Court
Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. The facts are stated in the opinion. The only question to be considered in this case is, does § 2086, Code of 1880, apply to cases of this character? The debts sought to be collected are the debts of E. Euevoldscn individually, and not as administrator of the estate of his deceased wife. No debt due by his wife’s estate is sought to be collected.
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Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. The facts are stated in the opinion. The only question to be considered in this case is, does § 2086, Code of 1880, apply to cases of this character? The debts sought to be collected are the debts of E. Euevoldscn individually, and not as administrator of the estate of his deceased wife. No debt due by his wife’s estate is sought to be collected. In Reedy et al. v. Armstead et al., 31 Miss. 354, it was said that “the exemption is broad and applies to all suits and actions against administrators in which they are…
1Opinion of the CourtCooper, J.
This is a bill filed by certain creditors of E.Enevoldsen against him personally and as administrator of the estate of Julia, his late wife, and against the children of the intestate, to subject to the payment of their claims certain property which it is averred was fraudulently transferred by the debtor to his wife during her life. The administrator pleaded that six months had not elapsed between the grant of administration and the institution of the suit, which plea was held sufficient by the Chancellor and the bill dismissed.
Section 2086 of the Code of 1880 declares thatno suit or action…
2Cases cited2 opinions
- Reedy v. ArmisteadMississippi Supreme Court · 1856
- Anderson v. NewmanMississippi Supreme Court · 1882
3Cited by1 opinion
- Mitchener v. RobinsMississippi Supreme Court · 1895