Martin v. Tarver

Citations

• 43 Miss. 517

Syllabus

<p>1. Administrator — His Powers — Compromise with Debtors oe Intestate. — Ad administrator, acting in good faith, is competent to compromise or renew securities for, or postpone payment of debts due to his intestate, without the sanction of the probate oourt.</p> <p>2. PnEADiNd — Practice—Negligence oe Oounsed. — If counsel in the circuit court allow causes to be submitted to a jury, when the pleadings are not in a proper condition for a jury trial, as, for example, with a plea in bar unreplied to, the verdict will be set aside, or the judgment reversed. And this, though the plea was a mere sham plea, destitute of merit.</p> <p>8. Contracts — Rescisión.—Purchasers at sales ordered by the probate oourt cannot defend against actions for the purchase money by alleging that the proceedings in the probate court were irregular, defective or void. They must first return the property and rescind the contract of sale.</p>