Ex parte Davega

Citations

• 31 S.C. 413
• 10 S.E. 72
• 1889 S.C. LEXIS 48

Syllabus

<p>1. The law requires that the personal estate of an intestate shall be administered only by a duly appointed administrator.</p> <p>2. Three years after condition broken of a chattel mortgage, and after the death of the mortgagor still in possession, the mortgagees appointed H. their agent to take possession of the chattels. H. took possession, collected accounts, sold the goods, and paid the mortgage debt, expenses of sale, fees to himself, and rent, and turned over the unsold goods to one who claimed them. Held, that even if the seizure and sale, after the death of the mortgagor, was authorized, still, for all goods seized, sold, and disbursed in excess ot the mortgage debt, IT. was liable to account to the probate judge as an executor de son tort.</p> <p>3. But in such accounting, IT. should be credited with the amount paid to the mortgage debt and to the expenses of the sale.</p>