Ricks v. Hilliard

Citations

• 45 Miss. 359

Syllabus

<p>1. Estates op decedents—-when the heir and distributee max sue por PROPERTY OP DECEDENT WITHOUT ADMINISTRATION.—If there be no Valid enforceable claims outstanding in favor of creditors, the heir and distributee, without administration, may sue in chancery to recover the personal effects of the deceased, and compensation for their use.</p> <p>2. Chancery pleading—proop-cannot be introduced on a point, not in issue in the pleadings. —Where the bill of a distributee seeking to recover without administration personal property belonging to the estate of the decedent, alleges there were no debts, and the answer makes no response to the allegations, the defendant cannot setup in proof a judgment held by third parties against decedent, because there is no issue as to this.</p> <p>3. 'Supreme court—practice —rule as to exceptions not taken in the court below. —Exceptions to reports of commissioners in chancery, to whom it is referred to compute a sum due, must be made in the inferior court. It cannot be made for the first time here.</p>