Gay v. Lemle
Mississippi Supreme Court
IN error from tbe Circuit Court of Adams county. Hon. Stan-hope Posey, judge. Contended that the 2nd instruction was erroneous; our statute requiring the rightful executor to pay all debts not being a lien on the assets rateably, he would be guilty of a devastavit, if he applied the fund to the payment of one debt not entitled to preference, to the exclusion of others. 6 S. & M. 239; 5 lb. 74; 11 lb. 438 ; 1 Cushm. 547 ; and that as an executor de son tort could defend his…
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IN error from tbe Circuit Court of Adams county. Hon. Stan-hope Posey, judge. Contended that the 2nd instruction was erroneous; our statute requiring the rightful executor to pay all debts not being a lien on the assets rateably, he would be guilty of a devastavit, if he applied the fund to the payment of one debt not entitled to preference, to the exclusion of others. 6 S. & M. 239; 5 lb. 74; 11 lb. 438 ; 1 Cushm. 547 ; and that as an executor de son tort could defend his intermedling with the estate only on the ground that he had done what the rightful executor would be compelled to do, he…
1Opinion of the CourtHandy, J.
This was an action brought by the plaintiff against the defendant in error, who was charged as executor de son tort, of Theodore Lemle, deceased, to recover the amount of a promissory note of the intestate due the plaintiff.
The defendant pleaded, 1st, flene administravit: 2nd, ne unques executor; upon which issues were joined.
The verdict and judgment being for the defendant, the case is brought here by the plaintiff.
*311The case appears to have turned in the court below, upon two questions. 1st, Whether certain goods and merchandise, which had been the property of the intestate shortly before his…
2Cited by3 opinions
- Lenderink v. SawyerNebraska Supreme Court · 1912
- Weaver v. WilliamsMississippi Supreme Court · 1898
- Campbell v. StateMississippi Supreme Court · 1885