Dobbins v. Halfacre

Citations

• 52 Miss. 561

Syllabus

<p>1. Admiuistator : Suit on hand. Devastavit. Suit by or editor of the intestate.</p> <p>Tbe creditor of an estate of a deceased person, bolding a judgment against the administrator, may maintain a suit against the administrator and his sureties in tbe circuit court, and it is not necessary to determine first the liability of the administrator in the chancery court. The creditor need not wait for the final settlement before he can sue for'the devastavit; this may be established in the circuit court at the suit of a creditor.</p> <p>2. Abmimtstratob : Pleadings thereby. Judgment against. Effect thereof.</p> <p>At common law, if an administrator did not plead plene administravit, a judgment against him was a conclusive admission of assets. In a subsequent proceeding for a devastavit the judgment would be evidence of a sufficiency of assets. Under our statute an administrator is not required to plead plene administravit, and a judgment against him raises no presumption that he has received any assets.</p> <p>3. Sam® : Section 1180, Code of 1871.</p> <p>This section dispenses with a separate suit against the administrator in order to fix his personal liability, and permits the devastavit to be primarily litigated in the suit on the bond. The effect of this statute is that the;prineipal and his sureties are liable for the devastavit, which is the gravamen of the suit on the bond. In that suit, if the devastavit is established, judgment may be rendered against the obligors.</p> <p>4. Estates oe Decedents : Creditors thereof. When they can sue on bond of administrator.</p> <p>A creditor of the estate of a decedent can maintain a suit on the bond of an administrator when he has reduced his demand to a judgment and has not been able to procure satisfaction out of the goods of the intestate, and when the administrator has wastqd or misapplied the assets.</p> <p>■5. Same: Right of distributee to sue on bond.</p> <p>A distributee cannot bring suit on the bond of an administrat