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Union Bank of Tennessee v. Vaiden, 59 U.S. 18 How. 503 503 (1855)

Union Bank of Tennessee v. Vaiden

59 U.S. (18 How.) 503


Where a suit was brought in the United States court by citizens of another state against a citizen of Mississippi, who appeared to the suit, pleaded and then died, after which the suit was revived against his administrators, and judgment obtained against them, the following proceedings of the probate court afford no bar to the recovery of the claim:

1. A declaration by the probate court that the estate was insolvent, and a reference of the matter to a commissioner in insolvency.

2. A publication notifying the creditors of the estate to appear and file their claims, or be forever barred of their demands.

3. A report by the commissioner leaving out the claim in question, which report was confirmed by the court.

Page 59 U. S. 504

Where the estate turned out not to be insolvent, but a fund remained in hand for distributees, the creditors can recover by a bill in chancery against the administrators notwithstanding the proceedings in the probate court.

The law of a state limiting the remedies of its citizens in its own courts cannot be applied to prevent the citizens of other states from suing in the courts of the United States in that state for the recovery of any property or money there to which they may be legally or equitably entitled.

The facts of the case are stated in the opinion of the Court.

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