Succession of Spears
Succession of Spears
Opinion of the Court
The plaintiffs in the suits of J. B. Spears vs. Mrs. M. J. Spears, administratrix, and W. L. Spears vs. Mrs. M. J. Spears, admin-istratrix, alleged that they -had judgments against the succession of John P. Spears, deceased, which had been under administration for more
The proceeding is irregular and inadmissible. It is not regular to issue an ex parte order in favor of one or more creditors, without notice- or proof, for the sheriff to sell property under administration to pay said creditors. Proceedings should be taken contradictorily with the administratrix, to [have property sold to pay all the debts of the succession.
It is therefore ordered and decreed that the order appealed from be set aside and annulled, appellees to pay costs in both courts.
Reference
- Full Case Name
- Succession of John P. Spears. Application to seize and sell Property
- Status
- Published