Linker v. . Linker

Upon the facts as stated these questions arise:

I. Where there is a surplus of proceeds of the sale of land to make assets to pay debts of the estate of an intestate after such debts have been paid, has the administrator of the intestate the right to retain and apply the share of an heir in payment of an indebtedness, not an advancement, due by such heir to the intestate when judgment creditors ’ of such heir hold judgments duly docketed in the county where the land is situated at the date of the death of the intestate ?

2. If not, is the judgment creditor whose judgment was first docketed…