Lambeth v. Elder

Citations

• 44 Miss. 80

Syllabus

<p>1. Vendor — Lieu—Discharge—Estoppel.—Where an administrator, upon the suggestion that it would be for the benefit of those interested, obtains an order of the probate court to sell the lands of his intestate, and sells the same upon a credit, taking the notes or bonds of the purchaser for the several- amounts, and afterwards files these notos or bonds with his final account, charging himself with the amounts ss if collected) and said final settlement is confirmed by order of the probate court, and he is finally dischargod from said administration, the land is discharged of the lien, and he is estopped by the probate records to pay the notes which have not been paid. The decree of the probate court, so long as it remains unreversed, is conclusive upon him, and all others who were parties to it, as to ah matters and facts brought within its scope, and upon which it was predicated,</p> <p>2. Probate decree — JURISDICTION—Deereoiated MOREY. — In a suit on an administrator’s bond, for a distributive balance the administrator will not be permitted to vary the effoct of the probate decree, by showing that the fund for distribution had been collected in depreciated currency from failing debtors, and that this was the host that could be dono. Such matters were proper for the consideration of the probate court, but cannot be introduced for adjudication in this action, for the purpose of reducing the sum decreed by the probate court to bo dub to the dis-tributees. 10 S. & M., 409.</p> <p>3. Probate sale — Vendor’s lien. — Tho lien on property sold under probate decree results from the sale, and has preference over every other claim against the purchaser, and the property is liable in the same manner as if a mortgage had been taken. This lien attaches alike to “personal” and real property, sold on a credit under probate decree.</p> <p>4. Statutory lien substantially oe record. — It is tho policy of the law to shield the bona fide purchaser for. value from all liens and equit