Cocke v. Foote

Citations

• 49 Miss. 181

Syllabus

<p>1. Chancery Court — Insolvent Estate — where E. as afiminstrator, debonis non, of S., reported the estate insolvent, and proceeded to settle up the estate, (and as he thought,) finally administered the same, but omitted to administer a certain tract of land ; and R. who had recovered a judgment against the former administra» tor, sued out aft. fa, and had the land sold by the sheriff, Seld: that the proceedings and sale were irregular and illegal, and that the sheriff’s deed conveyed no title to the purchasers. The judgment creditor should have revived against the administrator, de bonis non, and pioceeded according to the mode prescribed by law.</p>