McClellan v. Downey

Myrick J.

This appeal comes before us on the judgment roll, embracing the pleadings, findings, and judgment. The action was brought by plaintiff, a distributee of the estate of her father, W. J. McClellan, against a surety on the bond of the administrator, to recover the amount of money distributed to *521her by the decree of distribution made of the estate of her said father. The following are sufficient of the facts to explain the case:—

W. J. McClellan died intestate, leaving, him surviving, his wife, Susan A. E. McClellan, and six children, four of whom were the children of his marriage with…