Wooten v. Hartley

Jenkins, Justice.

1. In an equitable proceeding by an administrator to marshal the assets of an estate, the general rule should be applied that judgments obtained against an administrator after the death of his intestate rank no higher than the demands on which they are founded; and consequently a creditor can not get a preferred lien on the assets, as against other creditors of equal dignity, merely by procuring the first judgment against the administrator. Green v. Allen, 45 Ga. 205, 207; Davis v. Smith, 5 Ga. 274 (6), 291 (48 Am. D. 279).

2. Even though, under the Code, § 8-105, “process of…