Dogan v. Brown

Citations

• 44 Miss. 235

Syllabus

<p>1. Recobd. — A rocord imports absolute verity; it proves itself, and is conclusive upon the parties and their privies; but that it may have this solemn import it must show that the court had jurisdiction over parties and tho subject matter.</p> <p>2. Same — Peobate gouet — Pbesumbtion.—In proceedings in final settlement eases* the account itself filed in the court, the citations and publications of notice to the parties interested, and the orders and decrees on the minutes of the court, are to bo regarded as matter of record; and it is well settlod in this court that the recita® in a decreo made upon final settlement accounts, that the legatees and distributees have been duly summoned, is prima faoie evidence of that fact. 29 Miss., 103.</p> <p>3. Same — Recitals.—This prima fade case may bo combatted by inspection of the entire rocord, which might,-or might not, furnish conclusive proof whether the recital be truo or false. 9 S. & M., 622. Recitals must bo controlled by other parts of the record. Process is part of tho record, and when that is produced and it docs not appear to have been served on the proper parties, tho recital will not be sufficient.</p> <p>i. Same — Peobate coubt — Pbactice.—In proceedings in the probate court by a. legatee or distributee to forco the administrator to a final settlement, and the administrator pleads in bar a final decree of the court, reciting that all parties interested had been duly notified or cited to appear and show cause, etc., and finally discharging such administrator, the plaintiff has a right to introduce the whole record in evidence ; and if it appear thorofrom that tho recitals in the decree are untrue, the decree will be void.</p> <p>5. Notice — Seevioe—Pbactice.—Whore it appoars that the only notice or citation found among tho papers in the cause was without the seal of tho court, but had the return of tho sheriff endorsed thoreon, “ executed on,” etc., those named in it, such citation, though insufficient as no