Legal Opinion

Bowen v. Seale

Mississippi Supreme Court

Decided April 15, 1871PublishedCited by 1 opinion

Error to the probate court of Chickasaw county. Owen, J. A detailed statement of the facts of this case will be found in the opinion of the court. 1. The probate court may, at any time within two years, allow a bill of review to any final order or decree of the court, in the same manner, and according to the same rules that courts of chancery entertain such bills.

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Error to the probate court of Chickasaw county. Owen, J. A detailed statement of the facts of this case will be found in the opinion of the court. 1. The probate court may, at any time within two years, allow a bill of review to any final order or decree of the court, in the same manner, and according to the same rules that courts of chancery entertain such bills. Rev. Code, 431, art. 33. 2. A bill of review in chancery lies for error apparent on the record, or for material evidence not known and not discoverable by reasonable diligence, or for fraud, or for any thing which shows a valid…

1Opinion of the Court

Tabbell, J.:

This case comes here from the probate court of Chickasaw county. It appears from the records that Jesse Seale, James Bailey and R. C. Bowen were joint executors of the will of Greorge Bowen, deceased. After several years of joint exercise of this trust, Jesse Seale died, and Jerry Seale and Ann Seale were appointed administrator and administratrix of his estate. Afterward the letters of James Bailey and R. C. Bowen, as executors of Greorge Bowen, deceased, were revoked, and M. J. K. Bowen was appointed administrator, de bonis non. In: January, 1866, the administrator and…

2Cases cited3 opinions

  1. Denson v. DensonMississippi Supreme Court · 1857
  2. Pouns v. GartmanMississippi Supreme Court · 1855
  3. Isaac v. President & Trustees of Franklin AcademyMississippi Supreme Court · 1854

3Cited by1 opinion

  1. Willis v. LoebMississippi Supreme Court · 1881

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