Hendricks v. Pugh
Mississippi Supreme Court
Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. 1. The decree of 1866 for the sale of the land was void, because the writ could not be returnable on a day passed. The decree of insolvency in 1868 was also void for defective service of process.
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Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. 1. The decree of 1866 for the sale of the land was void, because the writ could not be returnable on a day passed. The decree of insolvency in 1868 was also void for defective service of process. Code 1857, p. 429, art. 21; Hammond v. Olive, 44 Miss. 543; Foster v. Simmons, 40 Miss. 585; Brown v. Levee Commissioners, 50 Miss. 468; Jack v. Thompson, 41 Miss. 49; JHargus v. Bowen, 46 Miss. 72; Boot v. McFerrin, 37 Miss. 17; Ingersoll v. Ingersoll, 42 Miss. 155. Process from the Probate Court was required to be…
1Opinion of the CourtChalmers, J.
J. T. Hendricks executor of W. W. Hendricks, deceased, sought and obtained authority from the Probate Court of Yazoo County, in November, 1866, to sell the lands of his testator for the payment of debts. An abortive attempt to carry out the decree was made, but the sale was not effective, because of the inability of the purchaser to comply with the terms of his bid. In 1868, the executor presented another petition to the court, reciting the former proceeding; representing that, owing to the increase of the debts and the rapid decline in the value of the land, the entire estate had now become…
2Cases cited1 opinion
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