Hyman v. Rollins

Citations

• 70 Miss. 412

Syllabus

<p>1. Set-off. Suit against administrator. Estate. Application of assets.</p> <p>.In an action at law against an administratrix on notes executed by the intestate (her husband), where the defendant proves the delivery to plaintiffs of cotton raised by deceased sufficient to pay the notes, plaintiffs cannot meet this by proof that they had an unprobated account against deceased, the amount not stated, and also an account against his widow and children contracted after his death, and that by consent of the widow and children (one of whom was a minor) the cotton had been received in settlement of these accounts, leaving the notes unpaid.</p> <p>2. Same. Right of infant distributee. Power of court of law.</p> <p>Whatever the right of plaintiffs against the widow and adult distributees, or what would have been the result if plaintiffs had offered to show that they had received the cotton in satisfaction of a valid debt against the estate, is not decided. Because of the interest of the infant in the estate, which cannot be protected in such a case in a court of law, the agreement to apply the cotton belonging to it to a debt due by the widow and adult distributees, leaving the notes a charge on the estate, cannot be enforced.</p>