Short v. Porter

Citations

• 44 Miss. 533

Syllabus

<p>1. Administbatob — Peksonal liability — Chanceby jubisdiction. — An administrator can contract no new liability on the part of the estate; and if he gives his own note to pay a debt of the intestate the estate will not be released unless such is the agreement of the parties, and the creditor may proceed against either the malcer of the note personally, or resort to the estate by bill in chancery.</p> <p>2. Admnistbatqb — Rights of — Thiedpebsons—Equity.—Where an administrator, with his own money, pays the debts of the intestate, he should be credited in his accounts in the probate court, and may sell the effects to reimburse himself; and if the estate has passed into the hands of the heirs and distributees, he can enforce payment from them by bill in chancery. And if a third person advances money which is actually applied to exonerate the estate from debt, then the duty exists that the estate, or the heirs and distributees who have received tlie property, shall refund. The advancement and the application constitute the equity.</p> <p>3. Void pbobate sale — Innocent pubohaseb — Reimbubsement—Chanceby.—B., as administrator, sold land under a decree of the probate court, to pay debts, and P. became the purchaser, and paid one-third of the price in cash, gavo his notes for the remainder, took a deed, etc. The sale was void for irregularities on the part of the administrator, of which P. was ignorant, but he was getting a good title. B-resigned his trust, and S. was appointed administrator de bonis non, who obtained a decree to sell the same land, and sold it for one-third cash, the balance on time. At this sale P. bought one-half of the land, and paid said one-third in cash. The money paid by P. on his first purchase was used and applied to pay the preferred debts due from the estate on these lands. Meld: That P. is entitled to be reimbursed out of the estate the sum of money he so advanced, and may recover by bill in chancery.</p> <p>i. Continuation of lien — Maesha