Staten v. Cox

1. A judgment de bonis testatoris against an executor or administrator who fails to plead a want of assets conclusively establishes, as against him, a sufficiency of assets to pay the debt upon which the judgment was rendered. Whiddon v. Williams, 98 Ga. 310 (24 S. E. 437); Gibson v. Robinson, 90 Ga. 756 (2) (16 S. E. 969, 35 Am. St. R. 250). And in a personal suit against the administrator upon such a judgment, suggesting a devastavit, the defendant will not be permitted to collaterally attack the judgment. Porter v. Rountree, 111 Ga. 369 (36 S. E. 761); Bynum v. Bell, 18 Ga. App. 384 (89 S.…