Pate v. Taylor
Pate v. Taylor
Opinion of the Court
delivered the opinion of the court.
' The suit was commenced in the second^ district of the chancery court of Panola county, !but it is not alleged or shown that either of the defendants resided or were found in that county. It is alleged in the petition that each of the defendants was doing business in Yalobusha county, and it appears from the record that both of them were found and summoned in the latter county. In this state of facts, the court below was without jurisdiction. To maintain such suit it was necessary that the defendants or one of them
The demurrer to the petition should have been sustained.
The decree is reversed, the demurrer sustained, and the petition dismissed.
Reference
- Full Case Name
- J. B. Pate v. C. E. Taylor, Admr.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Ventje. Jurisdiction. Ohancery court. Where an administrator, at a sale, directed to be made for cash, deliverspersonalty of an estate which the purchaser fails to pay for, the chancery-court of the county in which the administration is pending cannot entertain a suit for the price, the defendant not residing in the county and not being found therein. 2. Same. Sections 1834 and 1847, code 1880. Such a case does not come within the provisions of ¡S 1834, and the latter part of $ 1847, of the code, authorizing certain suits touching the administration of an estate to be brought in the chancery court where the estate is being administered.