Bynum v. Bell & Co.

1. Where a judgment de bonis testatoris has been obtained against an administrator, and an execution has been issued thereon, and a return of nulla bona made by the sheriff, the judgment can not be collaterally attacked in defense to a suit thereon against the .administrator personally, in which a devastavit is alleged. Porter v. Rountree, 111 Ga. 369 (36 S. E. 761).(a) In such a case the verdict and judgment against the administrator conclusively established that there were assets of the estate in his hands at the time of the rendition of the judgment, and, it being shown by the return of…