Slaton v. Alcorn

Citations

• 51 Miss. 72

Syllabus

<p>1. Administrator: Payment of a judgment; right of substitution.</p> <p>An administrator is under no personal obligation to pay off a judgment against bis intestate with bis own funds, and if be does, be will not be substituted to the rights of tbe judgment creditor. The doctrine of substitution only applies where tbe party advancing tbe money stands in the situation of a surety, or is compelled to pay tbe judgment to protect bis own rights or interests.</p> <p>2. Same: Same..</p> <p>An administrator is entitled to retain out of the assets of an estate what be has advanced for tbe estate. If tbe assets are delivered to the distributees, be can compel reimbursement by them.</p>