Hollman v. Bennet
Mississippi Supreme Court
Appeal from the chancery court of Carroll county. Coe-eee, J. Appellant assigned the following errors : 1st. The court erred in sustaining the defendant’s demurrer to the complainant’s petition. 2d. The court erred in deciding that the chancery court had no jurisdiction of the petition. 3d. The court erred in dismissing the petition.
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Appeal from the chancery court of Carroll county. Coe-eee, J. Appellant assigned the following errors : 1st. The court erred in sustaining the defendant’s demurrer to the complainant’s petition. 2d. The court erred in deciding that the chancery court had no jurisdiction of the petition. 3d. The court erred in dismissing the petition. But two questions arise in this case: 1st. Has the probate court jurisdiction to order a sale of lands of a decedent, for the purpose of paying a debt due to the administrator, arising in the course of the administration, whether from advances made by him, to pay…
1Opinion of the Court
SlMRALL, J.:
J. W. Holman presented his petition as administrator of E. W. Bennett, deceased, to the probate court of Carroll county, praying for the sale of land for the payment of debts.
The cause having been continued in the chancery court, was there dismissed for want of jurisdiction.
The only point made and discussed in this court, is whether the law confers authority on the probate court to sell the lands of a decedent, for the purpose of paying the commissions allowed to an administrator, as compensation for his care and trouble.
In a case decided at this term, we held that the chancery…
2Cases cited2 opinions
- Root v. McFerrinMississippi Supreme Court · 1859
- Evans v. FisherMississippi Supreme Court · 1866
3Cited by15 opinions
- City of Jackson v. WallaceMississippi Supreme Court · 1940
- Byrd v. StateMississippi Supreme Court · 1879
- Boroughs v. OliverMississippi Supreme Court · 1953
- Citizens' Street Railroad v. WilloebyIndiana Court of Appeals · 1896
- Byerly v. EadieSupreme Court of Kansas · 1915
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