Mitchener v. Robins

Citations

• 73 Miss. 383

Syllabus

<p>1. Chancery Court. Insolvent estate. Suit against administrator. Petition to subject exempt property. Code 1892, $ 1946.</p> <p>A petition against the administrator and heirs of a decedent for the subjection of the exempt property owned by him in his lifetime to the payment of a debt due for labor performed, which, in its amount, has been allowed by the chancery court, is not a suit within the meaning of § 1946, code 1892, prohibiting suit ag-ainst an administrator on any claim against the decedent after the estate has been declared insolvent, the proceeding not being a suit on a claim, and the administrator not being a necessary party thereto. Breckinridge’s Admr. v. Mellon’s Admr., 1 How., 273; Anderson v. Newmcm, 60 Miss., 532; Rosenthal v. Enevoldsen, 61 lb., 533, cited, and the last mentioned distinguished.</p> <p>2. Debt for Labor Performed. Subjection of exempt property. Judgment. Code 1892, § 1980.</p> <p>Under l 1980, code 1892, a debt for labor performed in the lifetime of a deceased debtor whose estate is insolvent, may, on proper proceeding- in the chancery court, after its allowance as to amount by said court, be enforced against the exempt property of his estate, although not reduced to judgment, and, therefore, not within the letter of the statute.</p>