Legal Opinion

Ales v. Plant

Mississippi Supreme Court

Decided October 15, 1883PublishedCited by 2 opinions

Appeal from the Chancery Court of Lafayette County. Hon. A. B. Fly, Chancellor. The appellee’s petition asked that the appellant should be required to administer on the real estate as well as the personal property of the deceased, upon the ground that debts due the appellant were registered, and that land enough to pay them remained unsold.

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Appeal from the Chancery Court of Lafayette County. Hon. A. B. Fly, Chancellor. The appellee’s petition asked that the appellant should be required to administer on the real estate as well as the personal property of the deceased, upon the ground that debts due the appellant were registered, and that land enough to pay them remained unsold. The appellant’s answer stated that these claims were not registered until after twelve months had elapsed subsequently to the publication of notice to present demands, and that all creditors who complied with the notice had been satisfied. At final hearing…

1Opinion of the CourtChalmers, J.

For very many years we have had continuously on our statute book laws which declared that the creditors of deceased persons should within some short period after published notice to that effect have their claims exhibited and registered and that in default thereof all non-registered claims should be barred. The language of these statues has been to some extent varied both in phraseology and in the time fixed for the registration; but they have all been unmistakably statutes of limitation and have been so construed and enforced. Their rigor has been modified by judicial construction to the…

2Cases cited1 opinion

  1. Robinson v. PayneMississippi Supreme Court · 1881

3Cited by2 opinions

  1. Abbay v. HillMississippi Supreme Court · 1886
  2. Nagle v. BallMississippi Supreme Court · 1893

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