Planters' Mutual Insurance v. Harris
Supreme Court of Arkansas
Appeal from Union iCircuit Court; George W. Hays, Judge; If an administrator makes payment or distribution under an order which is void, or which orders distribution before the debts are paid, he is not protected. 18 Cyc. 632. If a sale is not made for the payment of debts, the proceeds, if needed therefor, must be applied to the debts.
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Appeal from Union iCircuit Court; George W. Hays, Judge; If an administrator makes payment or distribution under an order which is void, or which orders distribution before the debts are paid, he is not protected. 18 Cyc. 632. If a sale is not made for the payment of debts, the proceeds, if needed therefor, must be applied to the debts. Id. 334. The judgment against the administrator, on which the scire facias was sued out, is conclusive against the bondsmen. 18 Cyc. 1190; Id. 1192; Id. 1272; Id. 1274; 46 Ark. 265-6. J. C. Wright was not a distributee, but a creditor of the estate. There can…
1Opinion of the CourtFrauEnthal, J.
The appellant was a creditor of the estate of G. M. Wright, deceased, and its claim 'had been duly allowed by the probate court in the regular course of the administration of said estate. It obtained an order from said court adjudging that J. H. Walsh, the administrator of said estate, should pay to appellant a certain proportion -of its probated claim, together with the same proportion of other claims of the same class. Having exhausted its remedy against the administrator without success of collection, it sued out of said probate court a scire facias against the sureties upon this bond as…
2Cases cited10 opinions
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
- Payne, Huntington & Co. v. FlournoySupreme Court of Arkansas · 1874
- Montgomery v. JohnsonSupreme Court of Arkansas · 1876
- Jones v. State ex rel. Pope CountySupreme Court of Arkansas · 1853
- State ex rel. McCreary v. RothSupreme Court of Arkansas · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Swanberg v. National Surety Co.Montana Supreme Court · 1930
- Hobbs v. LenonSupreme Court of Arkansas · 1935
- Acker v. WatkinsSupreme Court of Arkansas · 1936
- Estate of Coan v. GaughanCourt of Appeals of Arkansas · 2010
- United States v. GigerDistrict Court, W.D. Arkansas · 1939
3 more not listed; retrieve them via the Exa API.