Hunter v. Forrest

Citations

• 115 Miss. 7
• 75 So. 753

Syllabus

<p>1. Executors and Administrators. Right to possession of property against claim of third party. Protection of creditors. Statute.</p> <p>Under Code 1906, section 4784, commonly known as our “sign statute,” an administratrix could maintain replevin for a stock of furniture held by deceased, who conducted the business of a trader in his own name, although another person had actually furnished the money for purchasing the stock, since presumptively the administratrix had the right of possession until all the creditors of deceased were paid, and it was immaterial that no actual debts against the estate were shown, where the time allowed creditors to probate accounts had not expired.</p> <p>2. Same.</p> <p>In such ease, where the property had been purchased by the defendant in the name of the deceased at the time of the bankruptcy of defendant’s husband, and the husband had turned over his exemptions to deceased, and there was no distinction between this property and that' purchased by the wife in deceased’s name, and since the creditors could have proceeded against the stock during deceased’s life, their rights must be protected, after his death.</p> <p>3. Same.</p> <p>In such case, it was immaterial that the heirs of deceased had no right to the stock, or that the bankrupt’s wife, the real owner, could claim the property or any surplus thereof, after deceased’s debts had been paid; the right of possession of the administratrix, upon which the cause of action depended being superior to that of the true owner of the stock, solely because of section 4784, Code 1906, and because the administratrix represents the interest of creditors.</p> <p>4. Bankruptcy. Bankrupt’s right to dispose of exempt property.</p> <p>After a bankrupt has successfully claimed property as exempt he has the right to dispose of it as he sees proper.</p>