Foley v. McDonald

Citations

• 46 Miss. 238

Syllabus

<p>1. PUBLICATION —HOW MADE TO NON-RESIDENTS UNDER ART. 22, P. 439, Rev. Code op 1857. — A publication under art. 22, p. 429, Rev. Code, 1857, should be addressed to parties known by tlieir names, and is not sufficient if addressed generally “ To the non-resident heirs,” etc., without naming such as are known.</p> <p>2. Same — couet should appoint day and name newspaper. — In such case the court should, by order, appoint a day for the appearance of parties, and select the paper in which the publication shall be made.</p> <p>3. Process —service aeter return day ineppectual. — Service of process after the time to which it is returnable is insufficient.</p> <p>4. Estate of decedent — distribution oe fersonaltt no ground eor a SADE oe land to pat debts. — It is not admissible, in administering tlio estate of a decedent, to distribute the personal effects among distributees, and then resort to the land on an allegation that there is no personal estate. In such case means to pay debis must he raised through the refunding bonds, or in some cases by suit on the bond of the administrator for mal-administration, and, until the remedy on them has been exhausted, there can be no resort to the land.</p> <p>5. Same — land not to be sold when the accounts oe administrator SHOW ASSETS IN HIS HANDS SUFFICIENT TO PAT ALL THE DEBTS OF THE estate. — Where the accounts of the administrator show him to be chargeable with assets more than sufficient to pay all the debts of the estate, it is not proper to order a sale of land to pay debts, because of alleged insufficiency of personal estate.</p> <p>6. Parol evidence not admissible to'-show that the dollars ACCOUNTED FOR WERE CONFEDERATE TREASURT NOTES. —It is not competent to show by parol evidence that the dollars and cents accounted for in the probate court meant Confederate treasury notes.</p>