Rucker v. Dyer

Citations

• 44 Miss. 591

Syllabus

<p>1. Descent and distbibution — Real and peesonal estate. — The administrator doals with the personal estate, which is tho primary fund for the payment of debts-, and has nothing to do, in the first instance, with tkeroal estate,which descends, upon the death of the decedent, to his heirs, whose title can be divestod only in the mode and manner, and for tho purpose specially provided in the statute.</p> <p>2. Pbobate ooubt — Bond of administeatok — Sale of beal estate. — The bond of an administrator under the law of 18S7, does' not apply to real estate, and is no security for the proper application of proceeds of land, sold for the payment of debts.</p> <p>3. Adhinisteatob — Bond j?oe sale of eeal estate. — The act approved November 20th, 1858, by which it is provided, that whenever the probate court shall order a sale of land for the payment of debts under Rev. Code, 416, art. 89, it shall be the duty of the court to require tho executor or administrator, prior to the sale of said real estate, to execute a bond with good and sufficient security for the faithful application of the proceeds of such sale, according to law, applies to all executors and administrators without exception.</p> <p>4. Same — Sheeiff—Adhinisteatob—On application of D., sheriff of Yazoo county, appointed administrator of the estate of S., deceased, by the probate court of said county, under Rev. Code, 440, art. 68, the said court declared said estate insolvent, and ordered and decreed that certain lands, owned by said decedent at the time of Ms death, should be sold for the payment of debts. In pursuance of the decree of salo, the administrator sold the same to R., on credit, with bond and security for the purchase money. D. entered into no bond prior to the sale of said land, for the faithful application of the proceeds thereof, according to law. The confirmation •of said sale was resisted by R., on the ground that he acquired no title to the lands by the sale, and the title remains in the h