Royal v. Byrd

This is a motion to vacate and set aside a judgment rendered against an administrator. The petition alleged that the intestate during his lifetime, and the administrator subsequently, cut, removed, and sold from plaintiff’s premises timber of the value of $3,600, $2,400 “of which amount belonged to and was the property of petitioner,” and for which the administrator “fails and refuses to account to petitioner.” The prayer of the petition designated the acts of the intestate and the administrator as “tortious.” By amendment the petition set up that, prior to the death of the intestate, he…