The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-04-07
he COURT DECISIONS,
kor The Clarion by l. Brame, Attor-
hsy-at-Law. Jackson, Miss.
OCTOBER TERM, 1880.

: olnts, JTST, ENECUTRTx,
Dis- v No. -
wind. POTTER, ADMIR-.
T %pes from the Chancery Court Of Kinds
y m sat IIon +. G.. Peyton, Chancellor.
2 Bile. L. Potter an attorney, was en-
5oints; T. = Hunt to defend an impor-
against him. Hunt died, and
IT. utiuued his attention to the case.
r Potter died and the administers
is estate filed petition in the
IN Court, where the estate of Hunt
/, administered, for the purpose of
" the amount Of the fee fixed on a
me,,id with decree against the
of Hunt for payment.
eendaut demurred on the ground
- I8s remedy was at law.
81 decree overriding the demurrer,
N b. appealed.
- HNMERs G.. J.
IkI HHe question presented is whether by
Z ~ IA the Code of 1871 the Chancery
Ii which an estate is being adminis-
IA 81 given Jurisdiction to hear and de.
I'm Nns purely legal demands against it,
H4decree % direct their payment. We
fIl LY5p,4a q. HJrtJa 81 Miss, 1877, that
tlxtiou Wa. bv this section conferred in
f HI creditors. whose claims had been
a# to Judgment, to compel their pay
but we pretermitted the question
! An ftar q creditor at large could, by virtue
VII 8tctj0u referred to, have the validity
cunt of his demand adiudicated in
W rt which had granted administration
N - IN and ,yq- pug4ffpI in Winding II
- This question we now meet and We
"a s it in the affirmative.
~ HMA power aud jurisdiction" not only to
, q i'll i determine all questions in relation
bT Execution of the trusts by the fdu-
IL w IL whom they have been committed,
est J demands against the same" Chat
ON n N all damands against said hducia>
nly b Lii also "tO hear and determine all de
lb - against such estates" Chat is to
Y. ainst the estates by them being adj
y. Lered).
. explicit deduction is that the court,
has granted administration of an es
all be open to hear the complaints Of
sons interested in it, both for the pur-
IF compelling n due performance of
bv the administrator and of determin
- Justice of all demands propOunded
1t.
l. still remains optional with the cred
Il o.. bOweyer, whether he VIII avail HIM
10 the new Jurisdiction, or whether he
III rzt reduce his demand to judgment in
~ of law and then file it for allowance
burt Of chaucery.
t viii be observed that the jurisdic~
bv the statute limited to demands
b estates AID does not extend to de
aal Of estates against living persons. 1t
piss sble too, that the word demands"
boss d exceedingly broad ia its signihca-
3t4 should be held as not extending 10 de-
alIs arising >r deiicto, but should be limit
Ma H the several classes of demands or claims
Mh ioned in subsequent sections of the
AMtar, to-wit: Judgments and DEGREES in
B- recoguizauces, balls, specialties,
N@t bonds, bills Of exchange, etc, in 9
a8 leases in 1879; and open accounts
M 40. or generally to demands arising
ftb trgctiL Upon this subject, however,
Ne 9 press no definite opinion.
cres affirmed and sirty days gireH to an
m
Neorga, J delivered a eoncurring opinion,
HlA lining the jurisdiction of the Chancery
GO under Z $40 of the Code of 1871
# fe3l Code 1880 and showing the con-
asth tionaIity Of the statute.
Fank Johnston, for appellant
Green, contra
To be reported.