McCarty v. Payne

Opinion by

Judge Lewis:

In the action for the allotment of dower and sale of land brought by Mary R. Payne and Henry T. Payne, individually, and as administrators with the will annexed of H. Payne, deceased, Frances S. Payne, now McCarty, one of the children and devisees, being at the time an adult, united as a party plaintiff.

It was alleged in the petition that the administrator had paid of debts against the estate a certain sum money in excess of assets of the estate, which were then exhausted, -and a judgment for the sale of a sufficient quantity of land left by the decedent to repay the…