Cohn v. Carter

Citations

• 92 Miss. 627
• 46 So. 60

Syllabus

<p>Setoee and Counterclaims. Estates of decedents. Code 1906, §i 747. Mutual dealings. Insolvent estates. Probation of claims. Code 1906, § 2107.</p> <p>Code 1906, § 747, providing that in cases of mutual dealings between two or more persons and one or more of them shall die before an adjustment of such dealings, the lawful demands of the parties against each other shall be a good payment, or setoff, to the amount thereof, although the estate of the decedent be insolvent, and only the balance due shall be the debt, does not relieve the surviving party from probating any claim which otherwise should be probated against the estate of the decedent.</p>