Sublett's Ex'r v. Brookie

Opinion by

Judge Cofer :

We are of the opinion that the judgment must be affirmed, if for no other reason because the allegations in the petition do not show that the contract sued upon was in any way beneficial to the estate of Armistead Miller, and because the administrators are not otherwise liable.

*466Notwithstanding the fact that it appears-from the petition that the whole amount of the debt was collected by the sheriff, it may still have been true that if it had not been collected the administrators would have been liable on their bond for the loss of any part of the debt. It appears that…