Horne v. McAlpin
Mississippi Supreme Court
Appeal from the chancery court of Newton county. Hon. Sam Whitman, Jr., Chancellor. In the matter of the estate of B. M. Wells, deceased. From a decree sustaining the objections of J. B. Mc-Alpin, administrator to claims of F. 0 Horne, claimant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Newton county. Hon. Sam Whitman, Jr., Chancellor. In the matter of the estate of B. M. Wells, deceased. From a decree sustaining the objections of J. B. Mc-Alpin, administrator to claims of F. 0 Horne, claimant appeals. The facts are fully stated in the opinion of the court. It appears that in making up the record the clerk failed to make a copy of the note. .On page 7 of the record are the words in parentheses “note not on file with papers and therefore cannot make copy.” It is shown however that the note was presented before the court (page 7) and the clerk…
1Opinion of the CourtSmith, J.
This record does not contain the note or either of the accounts attempted to be probated, and consequently we have no means of determining whether they are such claims as could be or have been legally probated.
It follows, therefore, that the decree of the court below must be affirmed. . Affirmed.
2Cited by3 opinions
- Carlton v. MathewsSupreme Court of Florida · 1931
- Huie v. LewisSupreme Court of Florida · 1954
- State Ex Rel. Ball v. RobinsonSupreme Court of Florida · 1941