Lehman v. George
Mississippi Supreme Court
Appeal from the chancery court of Forrest county. Hon. T. A. Wood, Chancellor. Proceedings by E. B. George against Mrs. Maline Lehman et al. for the allowance of a claim against a decedent’s insolvent estate. From a decree for claimant appeal is taken. The facts are sufficiently stated in the opinion of the court.
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Appeal from the chancery court of Forrest county. Hon. T. A. Wood, Chancellor. Proceedings by E. B. George against Mrs. Maline Lehman et al. for the allowance of a claim against a decedent’s insolvent estate. From a decree for claimant appeal is taken. The facts are sufficiently stated in the opinion of the court. We respectfully submit that .the court in the former decision referred to above, rendered on the former appeal, disallowed this claim and that this disallowance is res adjudicata and precludes the appellee from any further rights based thereon. In the next place the court held that…
1Opinion of the CourtSmith, J.
This cause was considered by us once before under the style of Lehman v. Powe, 95 Miss. 446, 49 South. 622, wherein we held that appellee’s claim had not been probated in the manner required by law. It's registration, therefore, did not stop the running of the statute of limitations, and consequently, before the application to amend was made, the claim had become barred. Cheairs v. Cheairs, 81 Miss. 662, 33 South. 414. The decree of the chancellor recited that: “The said E. B. George is permitted to amend the probation of his said claim in the manner and form and in the matters and things…
2Cases cited2 opinions
- Lehman v. PoweMississippi Supreme Court · 1909
- Cheairs' Executors v. Cheairs' AdministratorsMississippi Supreme Court · 1902
3Cited by3 opinions
- Jennings v. Lowery BerryMississippi Supreme Court · 1927
- Stevens v. D. R. Dunlap Mercantile Co.Mississippi Supreme Court · 1916
- King v. JonesMississippi Supreme Court · 1935