39 Miss. 221 | Miss. | 1860
delivered the opinion of the court:
This bill was filed, by the appellees, distributees of Thomas J. Hart, deceased, seeking to recover from the appellant certain slaves in his possession, and hire.
Its material allegations are, that Thomas J. Hart died intestate in Madison county in the year 1837, leaving the complainants, his children of tender years, and some of them being his grandchildren, and a large personal estate, consisting in part of eighteen slaves, including those here in controversy and their issue; and that the appellant, his brother, and his widow, Sabra, obtained letters of administration of his estate from the Court of Probates of Madison county, but the appellant had the entire management of it, the said Sabra having removed with her children to Carroll county soon after the grant of letters, and having had nothing to do with the business of the estate; that at October term, 1838, of said court, the appellant, on his petition, obtained an order for the sale of the personal estate on the pretence of paying debts, and
The bill further charges that the appellant fraudulently caused the slaves in controversy to be put into the will of his aged mother, who had no title to them, and thereby disposed of color-ably, in order to conceal his fraud; and it alleges that the frauds of the appellant were not discovered until a few days before the filing of the bill, when they were accidentally discovered by means of the will of his mother, which came to the knowledge of some of the complainants.
. The appellant demurred to the bill, assigning sundry causes of demurrer, and the court below overruled the demurrer; from which decree this appeal was taken.
The principal objection urged to the bill is, the want of jurisdiction in a court of equity under the circumstances of the case.
It appears from the statements of the bill, that letters of administration were duly granted to the appellant by the Court of Probates; that the personalty of the intestate was ordered by that court to be sold, and there is no sufficient allegation that this
The bill then shows that the sale was made, that the estate was subsequently declared insolvent, and that the report of the sale was made to the Court of Probates at March term, 1839, since which time nothing further has been done with the estate, and especially has there been no account rendered by the appellant.
If these allegations be true, there has been no confirmation of the sale sought to be set aside by this bill, and the slaves in controversy, as well as the entire estate, are yet under the actual jurisdiction of the Court of Probates as an unsettled estate. For aught that appears by the bill, it is fully within the jurisdiction of that court to proceed with the administration of the estate, and, if necessary, to set aside the sale complained of. The jurisdiction of that court, to all intents and purposes, is not only complete, but, having been exercised and being yet unfinished, it is exclusive, and ample to give to the appellees all the relief sought in the bill; and it is finally settled here that, in such a case, jurisdiction cannot be entertained in a court of equity.
Considering this as a fatal objection to the bill, we do not deem it necessary to determine upon other objections urged to it.
The decree is reversed, the demurrer sustained, and the bill dismissed.