Williams v. Benedict
Supreme Court of the United States
This was an appeal from the district Court of the United States, for the Northern District of Mississippi, sitting as a court of equity.
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This was an appeal from the district Court of the United States, for the Northern District of Mississippi, sitting as a court of equity. The appellant, Thomas Williams, was complainant below, in a bill setting forth, that letters of administration on the estate of Benjamin J. Baldwin, deceased, were granted to him in October, 1838. That at the time he entered upon said administration and made an inventory of the estate, he confidently believed that his intestate’s estate would be amply sufficient to satisfy all his creditors. That at November term, 1839, the respondents obtained a judgment…
1Opinion of the CourtJustice Grier
The only question raised in this case depends on the construction of the peculiar statutes of Mississippi. It is, whether a plaintiff who has obtained a judgment against the administrator of an intestate’s estate, before it has been declared insolvent, has such a prior lion on the same as will entitle him to issue an execution and satisfy his judgment out of the assets, after the estate has been declared insolvent by the Orphans’ or Probate Court, and commissioners appointed for the purpose of distributing the assets equally among all the creditors.
The process, both mesne and final, in the…
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