Burrus v. Burrus
Mississippi Supreme Court
Appeal from the Probate Court of Yazoo County. Hon. R..B. Mayes, Judge. In August, 1867, the Probate Court of Yazoo County rendered a decree declaring the estate of James R. Burrus, deceased, insolvent, and authorizing the executor to sell the lands of the decedent to pay his debts.
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Appeal from the Probate Court of Yazoo County. Hon. R..B. Mayes, Judge. In August, 1867, the Probate Court of Yazoo County rendered a decree declaring the estate of James R. Burrus, deceased, insolvent, and authorizing the executor to sell the lands of the decedent to pay his debts. From that decree the heirs of Burrus took an appeal, in October, 1877. The other facts necessary to be stated will be found in the opinion of the court. 1. The sheriff’s return shows that the summons was not properly served on the appellants. There is no law for executing process by simply reading it. The return…
1Opinion of the CourtCampbell, J.
The only error assigned is “the insufficiency of service of process ’ ’ on plaintiffs in error; as heirs and devisees of the testator, to answer the petition of his executor to the Probate Court to order a sale of his real estate and declare the estate insolvent. A citation for the heirs and devisees was issued, *95and the return of the sheriff is, “ Executed August 21, 1867, by reading the within citation to [naming four of the parties] ; on James R. Burrus, by leaving a true copy of within citation at his place of abode, with a free white person over the age of sixteen years, he being absent…
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