Yerger v. Foote

Citations

• 48 Miss. 62

Syllabus

<p>X. Chancery — jurisdiction.—A creditor taking the note of an executor in renewal of a note of his testator, may proceed by bill in equity to subject the real estáte of the testator to the payment of the executor’s note, unless the note taken in renewal was intended by the parties to have the effect of an absolute payment.</p> <p>2. Executor — renewal note op testator. — The renewal of a note of a testator by his executor makes him personally liable, but the debt due the creditor is not extinguished by the substituted note, nor is the estate of the testator in any way discharged from its payment, unless the note taken in renewal was intended by the parties to have that effect.</p>