Findlay v. Trigg's Adm'r

Citations

• 83 Va. 539
• 3 S.E. 142
• 1887 Va. LEXIS 98

Syllabus

<p>1. Appellate Court—Res judicata.—A decree of this court affirming a decree of the lower court is a final determination between the parties and their privies of all questions which were, or might have been, raised on the appeal. Campbell v. Campbell, 22 Gratt. 649.</p> <p>2. Personal Representatives—Sureties—Devastavit.—Where in suit against administrator and his sureties for a devastavit in paying debts of an inferior class in preference to debts of a higher class, the record shows that there is a deficiency of assets, and that the funds in his hands embraces money that came to him as commissioner of sales of lands, as well as money that came to his hands as administrator, without showing the .respective amounts of each, there can be no decree until there has been an account of the amount of each, respectively, as those sureties are not accountable for the money that came to his hands as such commissioner.</p> <p>3. Idem—Substitutio?i—Creditors—Legatees.—Where administrator, out of intestate’s assets, voluntarily pays debts of inferior class in preference to debts of higher class, and there is a deficiency of assets, he is not entitled to have the creditors so paid refund. The case has no analogy to the case of an executor paying legacies before paying the debts, where the executor is entitled to be substituted to the creditors’ right to have the legatees refund.</p>