Booyer v. Hodges

Citations

• 45 Miss. 78

Syllabus

<p>1. Executors—assignment oe negotiable paper belonging to the estate.—As legal owners of the credits and choses in action of their testators, executors may transfer negotiable paper, which is part of the personal estate, in the usual way.</p> <p>g. Same—same—notice — where the paper on its pace is payable to the executor AS such. — If the paper on its face is payable to the executor as such, it is notice to those who take it, that it is assets of the estate and not the individual property of the executor.</p> <p>3. The assignee oe negotiable paper transeerred by an executor HAS PRIMA EACIE A GOOD TITLE —ONUS ON DEBTOR TO DISPROVE IT.—The general rule is, that an executor may transfer negotiable paper, payable to the testator, or to himself in his representative capacity. But the general right is qualified by this important modification, viz.: If made in a transaction in no wise connected with the estate, but for the personal gain and advantage of the executor, the chose in action does not lose itt character as assets, and the assignee acquires no title. If the debtor proposes to impeach the title of the assignee, on this ground, the oivus is on him to make the proof.</p>