Pilcher v. Drennan

Citations

• 51 Miss. 873

Syllabus

<p>1. Administrator’s Bond: Joinder of parties. Seo. 1180 of Code of 1871.</p> <p>This statute permits any persons interested in an estate, either as legatees, distributees or creditors, to join in a suit upon the bond of an administrator for a devastavit.</p> <p>2. Judgment Against Administrator de bonis non: Oanbe made the basis of a suit against sureties of first administrator.</p> <p>A creditor of an estate, who has recovered judgment against the administrator de bonis non, can make this the basis of a suit against the sureties on the bond of the administrator in chief, for a devastavit committed by the latter (overruling in part Huff v. Smith, 31 Miss., 59).</p> <p>3. Same: Bevivor of judgment.</p> <p>A judgment rendered against an administrator, as such, is a judgment against him in his representative and not in his individual capacity, and need not be revived in the name of his administrator in order to become the basis of a suit against the sureties of the first administrator for a devastavit.</p>