Spoon v. Smith

Citations

• 36 S.C. 588
• 15 S.E. 800
• 1892 S.C. LEXIS 123

Syllabus

<p>, 1. Fraud — Parties—Administrator d. b. n. — An action will lie by a creditor against the administrator of the first administrator of the debtor and the administrator de bonis non, to set aside a fraudulent confession by the debtor to him who afterwards first administered on such debtor’s estate, and for an account of moneys of the estate applied by him to such confession, as the administrator de bonis non, not being also a creditor, could not attack the bonafides of his intestate’s transactions.</p> <p>2. Ibid. — Judgment—Pdene Administravit. — Ordinarily, a party cannot require an administrator to account for assets received by him prior to a judgment obtained by such party against the administrator subject to a plea of plene administravit, and to be enforced only against assets afterwards acquired ; but he may require an accounting of prior assets where they were fraudulently misappropriated and the fraud not discovered until after the entry of the judgment guando acci-derint.</p>