Whitfield v. Evans

Citations

• 56 Miss. 488

Syllabus

<p>1. Chancery Practice. Multifariousness. Suit on general and special bonds of administrator.</p> <p>A bill by judgment-creditors against an administrator, on Ms general administration-bond and bis bond for the faithful application of the proceeds of the sale of realty, and against the sureties in the two several bonds, for a devastavit, is not multifarious by reason of embracing the two bonds in the same suit, and joining the different obligors thereof as defendants, it being alleged that the personalty of the estate, if applied, would not have been sufficient to pay the claims of the complainants. In such case, it is proper that the obligors in both bonds be sued together.</p> <p>2. Chancery. Jurisdiction. Suits on administrator’s bonds. Devastavit.</p> <p>Under the provisions of sects. 976 and 1180 of the Code of 1871, the Chancery Court has jurisdiction of a suit brought by judgment-creditors against an administrator and his sureties upon his general bond of administration and upon a bond given by him for the faithful application of the proceeds of realty, and such suit may be brought without having first established the devastavit.</p> <p>3. Chancery Pleading. Devastavit by administrator. How alleged.</p> <p>A devastavit by an administrator is sufliciently charged where the bill alleges, in effect, that the administrator had received money arising from the sale of property of the estate, which was unappropriated to any legal purpose, and that the complainants, who were judgment-creditors, after having executions issued and returned nulla bona, had made frequent demands on the administrator to pay their claims, and he had refused to make any payments to them. And it is not necessary that the bill should allege that the administrator wasted or misapplied the assets of the estate.</p> <p>4. Same. Suit upon a bond. Conditions, how pleaded.</p> <p>In a suit in chancery upon an administrator’s bond, the bill should set forth the conditions of the bond, and not merel