Clayton v. Boyce

Citations

• 62 Miss. 390

Syllabus

<p>1. Administrator. Of deviseds estate. Inability for debts of devisor.</p> <p>Debts of a devisor, though chargeable on the land devised, do not become the personal debts of the devisee, and no decree therefor can be rendered against the administrator of the devisee’s estate, even if it be made a charge upon the devised land.</p> <p>2. Same. Liability on warranty of title to land partitioned.</p> <p>The administrator of an estate of a decedent whose land has been partitioned between the heir thereof and a co-tenant is not liable for a breach of the heir’s imjjlied warranty of the title of the land allotted to his co-tenant.</p> <p>3. Same. Liability for money not belonging to intestate.</p> <p>An administrator who receives money not belonging to the estate of the intestate is not liable therefor to the owner thereof, in his representative capacity, unless the money be appropriated to the use of the estate.</p> <p>4. Heir. Effort to charge his land. Money received by administrator.</p> <p>Land descended to an heir is not chargeable with money received by the administrator and not belonging to the decedent, there being no privity between the heir and the administrator, and the only liability being upon the latter as an individual.</p> <p>5. Partition. Embraeinq land of third person. Eight of tenant to reimbursement.</p> <p>Where, after the partition of lands between tenants in common, it is discovered that a part of that allotted to one of the tenants belonged to a third person, and a part allotted to the other tenant had been previously sold for half its value as fixed in the partition proceedings, which had to be taken in payment therefor, the first-named tenant is entitled to reimbursement for one-half the value of the land allotted to him and owned by a third person, and the other-tenant is entitled to reimbursement for one-half of the loss sustained on the land allotted to him and which had been previously sold.</p> <p>6. Same. Whether res adjudicata as to title