Sims v. Hodges

Citations

• 65 Miss. 211

Syllabus

<p>1. Foreign Executor. When qualified to recover land here. $$ 1976,1978, Code 1880.</p> <p>A foreign executor cannot maintain an action of ejectment to recover possession of land in this State without first taking out letters testamentary here, in compliance with Section 1978, Code of 1880, even though the will be duly probated, as required by Section 1976 of the Code, and gives the executor a power to sell such land.</p> <p>2. Same. Right to me under Section 2091, Code of 1880. Application of statute. Section 2091 of the Code of 1880, which provides that an executor who has</p> <p>qualified in another State may sue as such in the courts of this State, or 'receive and give acquittance for any property of, or debts due to, his testator, after filing in the office of the clerk of the Chancery Court of the county where, there may be some person indebted to, or having effects of, the decedent in his hands, a duly certified copy of the record of the appointment and qualification of such executor, according to the law of the State of such executor, and a certificate of the proper officer of such State that such executor is there liable to account for the thing sued for or received, has no application to real estate.</p>