Ferguson v. Scott

Citations

• 49 Miss. 500

Syllabus

<p>1. Administkatob — When sham, petition pob sabe op band. — No definite rule can he laid down as to the time within which the creditor, must initiate proceedings to compel the administrator to proceed to subject the lands to the payment of the debts of'his intestate. It would be reasonable and less mischievous in its consequences to allow a longer delay and indulgence when the heir or devisee continued the owner, than where the lands had been conveyed to an innocent purchaser.</p> <p>2. Same — Code.—No time is prescribed by the statute within which the administrator must file his petition to sell the land, but he must not delay until the heir and devisee may have reason to suppose that there are no valid debts, and when a purchaser may fairly be supposed to have advanced his money on the like confidence. The statute provides that the sale must be made when the condition of the personal assets has satisfied the administrator of the necessity.</p> <p>3. Same — Statute op Limitations. — If the claims of creditors are barred by the statute of limitations when the administrator files his application to sell the land, then the application should not be granted. Especially ought this to be so after the lands have passed from the heir to a purchaser, Moore v. White, 6 Johns. Ch. R., 385; exparte Allen, 15 Mass. R., 58.</p>