Hines v. Noah

Citations

• 52 Miss. 192

Syllabus

<p>1. Chancery Practice: Administrator's final settlement. Execution to collect balance due. Code of 1871, $$ 1167, 1169.</p> <p>A decree in the chancery court against an administrator for a balance due by him on final settlement must ascertain the parties to whom the amount should be paid, and no valid execution can issue on the decree unless there is some person named who can demand payment of it. The parties, beneficial owners of the decree, must establish their right before any fieri facias can issue. If the court directs the money to be paid to the clerk, or a commissioner, until the proper parties are ascertained, then such officer must be named in the execution.</p>