Isom v. Heirs of McGehee

Citations

• 45 Miss. 712

Syllabus

<p>1. Chancery court—scire facias to revive decree rendered in probate court. — Where a decree was rendered by a probate court, but not satisfied before the transfer to the chancery courts of the jurisdiction of the probate courts, and a year and a day had elapsed, after the decree and before execution issued, scire facias is the proper remedy to revive the decree.</p> <p>2. Same—same.—While it is true that scire facias to revive decrees does not obtain in chancery practice proper, this remedy is appropriate to revive decrees rendered by the probate courts, because the transfer to the several chancery courts of the unfinished business of the probate courts carried with it all the agencies employed by the latter courts in the prosecution of causes therein, among which was the writ of scire facias for the revival and renewal of judgments. In such cases the scire facias is hut the continuation of the original proceedings.</p> <p>3. Probate court — final decree. — A decree of the probate court which ascertained the sum due from an administrator and directed its payment to those entitled to it, is such decree as may be enforced by execution, although it does not in terms award execution.</p> <p>i. Chancery court—jurisdiction to enforce decrees made on final settlements of administrators by probate courts. — The chancery courts have jurisdiction of decrees rendered by the probate courts against administrators, and which were unexecuted at the time of the transfer of the jurisdiction of the latter to the former. A final decree of the probate court against an administrator did not discharge him, nor terminate the jurisdiction of the court. The power existed to enforce the decree, and such power, as to unexecuted decrees of the probate courts, passed to the chancery courts.</p> <p>5. Same—final decree—execution.—Where an administrator submitted his final account and certain distributees were cited by publication, and a certain sum in the hands of the administrator was decree