The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-03-07
r. m. II. ANDERSON, ct al.,
w.
III. 81 g. NEWMAN.
ITO be reportei.l

T. N. u. ANDERSON, et al.,
VIZ.
H.& g. NEWMAN.
Appeal from the C,hancery Court cf
Amite county, Hon. II. y. Van Eaton,
Chancellor.
IN. 81 G. Newman were creditors ot
the firm Of Anderson a CO., composed |
of 4. N. T.. Anderson, ,lr., and James y.
Anderson, aud doing a furnishing busi-
ne;s in Amite county. The cotton Oh. |
tanned from their customers WIS 10 be
shipped to H. & g. Newman. 4. N. l..
| Anderson, Sr., Gather Of I. n. L., Jro)
was indebted to mercantile houae "a
Bayou Sara. After the death OH A. N.
/ +. Anderson, sr.,. Anderson y 20. de-
lliyered 100 bales Of cotton 70 the mcr-
camille house In Bayou Sara, IN payment
i Of the debt due bv the estate of II. .N " "
Anderson, ST., to that housc. Shortly
/ after this, the firm Of Anderson q Co.
failed. and this bill Is filed by II. u 9.
Newman. seeking to be aubrogated 70
1.-The rights of Anderson 81 Go. "a credit
tors of the estate of I. n. j.. Anderson,
i deceased. The members of the firm OF
Anderson & Co. and T. N. Il. Anderson
a. administrator of his fathers estatc
4 and all the heirs at-law Of I. N. y. An
derson. deceased, are made parties de-
fendant. To the bill the members Of
: the firm Of Anderson g. Co. an
, swcred and subsequently delnurred
, while their answer was still on
! filc. This demurrer was oycrruled. q
r N. Il. Anderson, who had qualiied q
administrator Of the estate Of =. n. J.
: deceased, filed his plea aveTfing that thu
bill was hled against him aaadsninistratc'
within 81 4 months from the date Of tils
grant of his letters Of administration
!. This plea the Chancellor held insuf
ficient. The heirs-at-law Of j. n. 4.
Anderson, deceased, demurTsd 10 th,
bill and their demuFFers were oyerrulcd
/ ID. G. Bramlitt for appellants.
\, Sessions 4 Casscdy, contra.
I CooPER, j.,
: Hold
n i. The demurrer of r. N. Il. Anderso
y and James A. Anderson was properl
q oyernlled. They had answered the bil
u and could not thereafter, and while sal
q answer was on Gle, interpose . demu
V. rer.
\; 3. The plea of T. n. i. Anden.n /,
v. administrators 0f the estate u !, n.
&. Anderson deceAscd waa sufficient a
rc- swer u the bill in % lar as il sought
ht iiK charge asain-t the estate Of his !
= tcsta.c. The creditors Of the estai
"A. wllOsc debt was, ~ alleged, paid by 4
r.. approprin.ioa ef the aaae:a Ot Andcrs
of Il 10, and q, whose rights as creditors
ri said estate eamp:ainan.s seek 20 he I'll
~. m.a,ed, coa!l MT have proceed
IN. agaiay. tho administrator for the ~
rer + s,e ~ collecting their debt within I
:on period of vix months next after I
IA grant NJ letters u administration, q
lys Tie complainants cail have no higl
Ne. rights than had ths~c persons wht
az. place they seek to take by subrogati'
d. Codc lsSO 2 20s6 This provision
a. plies in all actions III which the adm
In. istsator IL necessary party defends
his Z. The demmFrsrs of the heirs shot
nv have lIeen sustained II the cOnlpia
IL ansa have any claim against The t~tat.
ear. th,ir ANCESTOR, they aay ia proper u
on proceed agsinst the administrators
compel ita payment. lie stands a.
!. sole representative Of the personal
tate, and creditors have no right "