Holiman v. Dibrell
Mississippi Supreme Court
Appeal from the Chancery Court of Chickasaw County. Hon. W. D. Erazee, Chancellor. The bill charges that complainants, Dibrell and Klaws, are creditors of intestate. David Ansley had probated their respective claims. The estate was insolvent.
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Appeal from the Chancery Court of Chickasaw County. Hon. W. D. Erazee, Chancellor. The bill charges that complainants, Dibrell and Klaws, are creditors of intestate. David Ansley had probated their respective claims. The estate was insolvent. Holiman took letters of administration, executed a bond as such, with Crocket and Wofford as sureties, and one for the sale of the lands, with D. Hill and A. A. Pack as sureties; that he received from sale of personalty, $691.25; sale of realty, $325; that he failed to proceed as the law directs. Rendered no schedule of the personalty or list of lands,…
1Opinion of the Court
Tarbell, J.,
delivered tbe opinion of tbe court.
Motion to dismiss an appeal from a decree of the chancery court of Chickasaw county overruling a demurrer to a bill or petition. The motion is based on the following grounds: 1. Because the appeal is prayed for and taken in the name of one only of the parties respondent; and, 2. Because the appeal was allowed and prosecuted without an appeal bond.
This case, it is believed, demands elucidation : The proceeding was instituted by two creditors of the estate of David Ansley, deceased, by bill or petition against the administrator and his sureties. It…
2Cited by2 opinions
- Gilleylen v. MartinMississippi Supreme Court · 1896
- Conservatorship of Harris v. KingMississippi Supreme Court · 1985