The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-07-26
DECISIONS OF TIE HIGH COURT.
OCTOBER TERM, 1890.


Ohonne II. Leonard, OF al,
VS.. or,o
John T. Cameron, Admr of solA'
James Dalton, deceased.
The appellants filed their petition in
the Probate Court against James Dalton,
admr. of John II. Dalton, deceased, to set
aside the sale of the real and personal
estate of the decedent, made under an
0i"ei y, uno ffvoate UuurU, 10 review the
proceedings had in the course of admin
istration, or in the event that this oould
not be done, for final settlement. nrov.
ing that they might be allowed to sur.
charge and ialsily the annual accounts on
the final account.
10 this petition a demurrer was fled
by James Dalton, admr. of John II. Dali
anu 5@hich was sustained by the Court
died pending the appeal, ana ofv paliop-
now revived in this Court against John T..
Cameron, admr Of James Dalton, de-
ceased James Dalton had been removed
from the admr. on the estate Of John II.
Dalton, deceased, before the filing of this
petition and an admr. de boais non appoint
ed on this estate. and after this Gppeal
was taken James Dalton died resident
citizen OF LQnisiana without having set
tied his account with The Probate Court.
II will be unneceasary 20 notice the
proceedings heretofore had in this Court
in relation to the propIiety Of making the
admr. de boais non on the estate Of John
II. Dalton, deceased, party 10 this xuit,
or in relation to the effort to mako Mrs.
Dalton the wife Of James Dalton, residing
in the State OF Louisiana, party as Tu-
trix. These questions have been hereto
fore disposed Of
The case is now revived in this Court,
in the name Of the proper party John T.
Cameron, as admr. OF James Dalton, de-
ceased so lar as we can know from this
record.
1t is suggested in the brief Of counsel
for the appellee, that this appointment
was irregularly made. That James Dal-
ton had no estate in the State Of Missis-
sippi, and was resident Of Louisiana,
when and where he died, and that the
Probate Court had no Jurisdiction to
grant letters Of administration on his es-
tate. Upon this subject we are wholly
uniformed by this record. The proceed
ings in the Probate Court making the ap-
pointment are now before US. No ap-
peal or writ Of error has been prosecuted
to revise that judgment and we cannot
therefore notice this suggestion.
The only point for our determination
now is whether the Court erred in sustain
ing the demurrer TO appellants petition.
The petition seeks to set aside the sale
OF the real and personal estate, made by
order Of the Probate Court, without ma
king the purchasers parties, and without
stating the special grounds Of fraud or
illegality relied on. Il is filed a. sort Of
bill of review, generally to correct the or-
rors Of the whole administration, and
also for final settlement Of the adrain-
istration Of James Dalton up 10 the tine
Of his removal, and is certainly very ir.
regular.
Treating the case technically, accord.
ing to the rules Of Chaneery proceeding
even, which are never applied in Stristnesl
to theinfornal proceedings in tho Probate
Court under our system, and still this de
murrer should not have been sustained
1t was a demurrer to the whole position
which was good as a petition for q fna
settlement, and it should, therefore, have
been oyerruled, 50 far as to allow the pro
ceeding to progress for final settlemsn
-and distribution of the amount due 10 thu
appellants from James Dalton. The de
/ murrer was well taken to that part Of th,
petition referring to the sale Of the rsa
, and personal estate, but being demure
TO the whole petition, which was good il
the part seeking final settlement, th
J demurrer should have been overruled.
Let the judgment and decree Of tn
r Court below, be reversed demurrer oyel
< ruled so far as it relates to the pstitio
= for final settlement, and cause rsnaRds
e fu furthG proceedings.
I AARRgs,