Moore v. Ware

Citations

• 51 Miss. 206

Syllabus

<p>1. Judgments : Conclusiveness thereof.</p> <p>Where tbe court bas jurisdiction of tbe subject matter and tbe parties, its judgments, altbougb irregular and erroneous, are conclusive so long as unreversed, and cannot be attacked collaterally.</p> <p>2. Administrator : Sale of real estate.</p> <p>An administrator bas no control over tbe real estate of his intestate. This descends at once upon tbe death of the ancestor to the heir. Tbe statute which charges tbe real estate of an intestate with debts, applies only to debts created by tbe intestate, and not to debts created by tbe administrator in tbe course of administering tbe personal estate.</p> <p>3. Same: Case in judgment.</p> <p>J., as administrator of M., deceased, filed bis final account showing a balance due him for commissions, which was allowed, and a decree rendered as follows : “ That said balance stand as a judgment against the liens of M., so far as they may have received property from him:” Held, that this decree limited the administrator to the personal estate received by the heirs, and did not warrant a sale of the real estate.</p>