The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-10-13

EDWIN +. JORUAB. el. al.
v. No. $40.
!. J. MCGEE, admir-.
Appeal from the Chancery Court IL Ok
tibbeha County, Hon. h. Brame, Chancellor.
This appeal is prosecuted by the heirs of
c. w. Jordan from decree ordering 4 sale
of lands 10y the administrator of their faith
er'- estate, for the purpose q paying debts.
g. W Jordan was admir-. of the estate Of
!. j. McGec, deceased, and the guardian of
his children In 1883 Jordan died, leaving
his accounts a. guardian and administrator
unsettled A. c. Jordan his wife, qualified
a. his ADMINISTRATIVE. In 1872, the MCGEE
children. by their guardian, instituted pro-
ceedings in the Chancery Court Of Oktibbe-
ha County against A. c. Jordan, IS admin
istratrix. claiming about $4,000 due Ey
said c. W. Jordan on his administration ac-
count aforesaid and about the same amount
on the guardianship account. In January,
1873, these suits were, by authority Of the
Chancery Court, compromised at $4,000,
$4,000 of which was paid cash. and for the
balance the said A. c. Jordan, jointly with
H. j. Riyes and A. Walker (who were sure,
ties on her bond As enthusiastically exeeu,
ted To the guardian three notes under seal for
$1,000 each payable in one, two and three
years, bearing ten per cent interest. These
notes reeited the consideration, and were
signed, a c. Jordan. admrx." At that
time she sureties were solvent. aud the ac-
counts 81 Mrs. Jordan showed that she had
in hand or owed the estate, more than
CROUCH TO pay ths amount of the compro-
mise.
Judgments were obtained on these notes,
and the parties pursued to insolvency,
The judgments against Mrs. Jordan were
in her representative capacity as admins
tratrix
In 1877, 4. c. Jordan was removed from
the Office of administrators, for failure 10
settle Her account shows balance in
favor of the estate. of about 50, 800, personal
effects She had misappled or wasted.
J. J. MeGee was appoiRted administrator
,ls tosis non of the estate of c. W. Jordan.
This petition was filed TO sell certain lands
OF the estate. 70 pay the debt represented by
the aforesaid three notes, which had gone
INTO Judgments. Il was alleged that the
hy the maladminstration of the administers
trix, 4. c, Jordan; that she and the sure
ties on her bond, were insolveRt, and there
fore under the Act of 1873, page II, il was
not incumbent to sue on her bond before
proceeding against the land.
The heirs of c. W Jordan, deceased, con-
bested the petition, mainly on two grounds:
That fba
been released by taking the above mention
ed notes Of the Administrative and her sure
ties, bearing ten per cent interest.
: That the Act Of 1873, dispensing with !
sult on the former administration bond I'M
der certain circumstances, did not apply to
TINS case and could only apply to cases
arising after its passage.
1t was also claimed that the debt. as to |
the estate of c. W. Jordan, was barred by
the statute of limitations, it being urged
Nnat the notes given by the administratix
cd not prevent the running Of the statute
IN favor of the estate.
ne court below entered decree for the
sac OF The land to pay the debt and interest
vas objected that the decree made no
reservation Of the homestead exemnt;on IN
.n1ol d the heirs, but the pleadings did not
disclose me fact that there was Homestead.
1o~esef' an opportunity was given the
helrs % amend and claim the Homestead
~n,on sney 0eelined to avail themselves Of.
ana prosecuted an appeal
Inc opinion is given in full
Per Curiam. 49,
Ahs sealed notes given by the administrs. |