Allen v. Hillman
Mississippi Supreme Court
From the chancery court of the first district of Hinds county. Hon. H. C. Conn, Chancellor. Appellee, Hillman, claiming to be a creditor of Mrs. S. C. Banks, deceased, filed this petition, under code 1880, § 2047, against her administrator and heirs, seeking a sale of the lands of the estate to pay his debt.
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From the chancery court of the first district of Hinds county. Hon. H. C. Conn, Chancellor. Appellee, Hillman, claiming to be a creditor of Mrs. S. C. Banks, deceased, filed this petition, under code 1880, § 2047, against her administrator and heirs, seeking a sale of the lands of the estate to pay his debt. Mrs. Banks died in September, 1885, and letters of administration were granted in January, 1887, to appellee, Allen, and on February 22, 1887, notice to creditors to prove their claims was published. The claim of appellee was in the form of an open account for schooling of the daughters…
1Opinion of the CourtCampbell, C. J.
The demurrer to the petition was properly overruled, for the petitioner had “procured his claim against the estate to be registered,” within the meaning of § 2047 of the code, which has regard to the fact of registration rather than the sufficiency of the proof of the claim to„ justify a voluntary payment of it by the personal representative of the estate.
Conceding the propositions contended for by the learned counsel for the appellant, Hillman, as to the character of the account, as being a “ mutual aud open current account” within § 2671 of the code, and that the statute of limitations…
2Cases cited1 opinion
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