Acker v. Trueland
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. Hon. Lafayette Hatjghton, Chancellor. The appellant, who was administrator of the estate of Andrew Perrie, deceased, having exhausted the personal assets of the estate in payment of debts, and there still remaining some debts due by the intestate to John B. Sale and others, filed a bill for the purpose of subjecting the intestate’s realty to the payment of the remaining debts.
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Appeal from the Chancery Court of Monroe County. Hon. Lafayette Hatjghton, Chancellor. The appellant, who was administrator of the estate of Andrew Perrie, deceased, having exhausted the personal assets of the estate in payment of debts, and there still remaining some debts due by the intestate to John B. Sale and others, filed a bill for the purpose of subjecting the intestate’s realty to the payment of the remaining debts. The chancellor, in his decree, ordered some of the lands mentioned in the bill to be sold, but declared certain town-lots to be exempt from sale, as being the homestead…
1Opinion of the CourtSiMRALL, C. J.
Andrew Perrie died in 1866. The debt to Sale, on which judgment was recovered in 1870, originated in 1861, and matured in 1862. The other facts material to be considered are recited in the decree appealed from, viz.,- “ that the lands should be sold for the payment of the debts ; but it appearing that blocks 110, 111, 39, and 45, in Old Aberdeen, are exempt from execution, and on the death of Andrew Perrie descended to his children, therefore this town property, which constituted the intestate’s home in his lifetime, and at the time of his death, is not subject to his debts.” The family, at…
2Cases cited1 opinion
- Lessley v. PhippsMississippi Supreme Court · 1874
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