Evans v. Robertson
Mississippi Supreme Court
Ebkob to the Circuit Court of Clay County. Hon. James M. Arnold, Judge. This was assumpsit by B. F. Eobertson against A. J. Evans, administrator, upon an account for necessary plantation supplies furnished him in 1873 and 1874, while cultivating the farm of his intestate under orders of the Chancery Court, as provided in § 1156, Code 1871, the administrator having reported the proceeds of the crop to the court as assets, and applied the same to the payment of the general…
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Ebkob to the Circuit Court of Clay County. Hon. James M. Arnold, Judge. This was assumpsit by B. F. Eobertson against A. J. Evans, administrator, upon an account for necessary plantation supplies furnished him in 1873 and 1874, while cultivating the farm of his intestate under orders of the Chancery Court, as provided in § 1156, Code 1871, the administrator having reported the proceeds of the crop to the court as assets, and applied the same to the payment of the general creditors of the estate, refusing to satisfy the plaintiff. The defendant de-’ murred, on the grounds that the claim was…
1Opinion of the CourtChalmers, J.
Where an administrator or executor is carrying on the farm of the decedent under the orders of the Chancery Court, in pursuance of § 1156 Code 1871, the creditor who advances money or supplies in the making of the crop must look alone to the proceeds of the crop, and takes the risk of a profit being made in the farming operations. If, in fact, a profit is made and applied by the administrator to the payment of the general debts of the estate, leaving unpaid the debts contracted in the farming operations, the holders of these latter debts will have a right to go against the corpus of the…
2Cases cited1 opinion
- Farley, Jurey & Co. v. HordMississippi Supreme Court · 1871