Hall v. Hering

Citations

• 21 Del. 111
• 5 Penne. 111
• 63 A. 576
• 1904 Del. LEXIS 31

Syllabus

<p>Debt—Administrator—Action against—Debt due from Deceased— Pleading—Plene Administravit, no Assets ultra—Effect of the plea—Who must prove Assets—Effect of Judgment—At Common Law—Rule in this Country.</p> <p>At common law a judgment against an executor or administrator for a debt ■due from the deceased, was conclusive upon the executor or administrator that he had ■assets to satisfy the judgment. But the prevailing rule in this country seems now to be that the effect of such a judgment is only to establish the validity of the debt, or make the same a lien on the real estate of the deceased and is not personally binding ■upon the administrator.</p>