BOWLING v. MINTON


244 S.W.2d 998 (1951)

BOWLING et al. v. MINTON et al.

Supreme Court of Tennessee.

December 14, 1951.


Attorney(s) appearing for the Case

Woolsey, Leonard & King, of Bristol, for complainants.

Baumgardner & Baumgardner, of Bristol, and Geo. N. Barnes, of Johnson City, for defendants.


PREWITT, Justice.

Certiorari has been granted and the case presented here. The question is, where a creditor files suit in chancery to subject the intestate's real estate to the satisfaction of a claim filed in the county court under Code Section 8196.1 et seq., can the heir make defense thereto when the time for filing exceptions has expired?

The Chancellor held that the heir could make defense to the claim. His decree was reversed by the Court of Appeals...

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