Whelchel v. Haynes

A married woman died intestate, leaving her husband as sole heir at law. In 1885 an administrator was appointed upon her estate, who gave bond with two sureties. In 1887 the administrator sold certain land, from which sale he derived a fund which was never *308reported to the ordinary or paid over to the heir. Subsequently the administrator died, and there was no administration upon his estate. In 1917 the ordinary, for the use of the sole heir above mentioned, instituted an equitable action upon the administrator’s bond, against the sureties alone, alleging all that is stated above. The petition…