Bowen v. Seale

Citations

• 45 Miss. 30

Syllabus

<p>1. Bill op review—probate courts—may be piled at any time within two years. — A bill of review to a final order or decree of the probate court may be filed, under Rev. Code, p. 431. art. 33, at any time within two years, according to the rules that prevail in courts of chancery.</p> <p>3.Supreme court — writ op error from decree dismissing bill of review brings up error in original decree. — Errors in the dismissal of a bill of review, and errors in the final decree sought to be reviewed, may be examined by one and the same writ of error.</p> <p>3. Recitals in decree of service of notice prima facie evidence.—The record affords no proof of service, and publications of notice of final settlement, as ordered by the court, except the recitals in the final decree: Held, nothing appearing in the record to falsify these recitals, they are, at least, prima facie, sufficient.</p> <p>4. A DECREE AGAINST LANDS AND TENEMENTS OF DECEASED IN THE HANDS OF His administrator erroneous.—A decree of a probate court on the final account of one of 'joint executors, whereby the estate is declared indebted to the accountant, and execution is awarded, to issue against the goods, chattels, lands and tenements of the deceased person in the hands of his administrator, is erroneous. Were this the only error, it might, perhaps, be corrected and judgment be entered here.</p> <p>5. Bill op review—case under consideration—demurrer improperly sustained.—The bill of review for fraud charges that $1,200 appropriated to his own use has been allowed to Jesse Seale as a credit without authority of law, and without any legal or proper vouchers; that Jerry Seale and Ann Seale, admr. and admx., concealed from the complainant the fact that their intestate had so appropriated the money and that the credit was allowed in his annual account, and was now pending for allowance in the final settlement, and assured him that all the credits claimed were legal, just and proper; or, if ever discovered to be erron