Bowling v. Minton

Certiorari has been granted and the case presented here. The question is, where a creditor files suit in chancery to subject the intestate’s real estate to the satisfaction of a claim filed in the county court under Code Section 8196.1 et seq., can the heir make defense thereto when the time for filing exceptions has expired!

The Chancellor held that the heir could make defense to the claim. His decree was reversed by the Court of Appeals.

In disposing of this question, wo quote from the Chancellor :

‘ ‘ Charles H. Minton qualified as administrator of Oscar L. Glover, deceased, on May 7, 1948…