Levy v. Merchants Bank & Trust Co.

Citations

• 124 Miss. 325
• 86 So. 807

Syllabus

<p>1. Executors and Administrators. Holder of note against estate must probate original note or account for loss; claimant on open account must itemize as to dates and sums furnished.</p> <p>A person having a note or other written evidence against the estate of a deceased person must probate the original note or account for its loss. If he has an open account for money furnished at different times and in different sums, his probated claim must be itemized as to dates and sums furnished, and an account' not so probated is void.</p> <p>2. Executors and Administrators. Reference in claim to deed of trust not dated in turn referring to note insufficient where note not produced.</p> <p>Where a person undertaking to probate a claim for money furnished to a deceased person in various sums not itemized as required refers to a deed of trust of a named date for the amount, it is insufficient to comply with the ■ probate law where such instrument is not dated, and where it refers to the debt claimed as being evidenced by a promissory note which is not produced nor its loss accounted for.</p> <p>3. Executors and Administrators. Mortgages. Mortgage must describe property with certainty.</p> <p>A deed of trust, to be valid for the p’urpose of creating a lien on property, must contain such description as will identify the property with certainty; and, if the description is void for uncerainty, such deed of trust will not enable the creditor to establish a prior right against the creditors of the grantor, nor dispense with probate proceedings.</p>