Bishop v. Dillard
Supreme Court of Arkansas
APPEAL from Hoivard Circuit Court. H. B. Stuart, Judge. The answer set up as a defence a verbal understanding and agreement that is contradictory of the written contract. This cannot be done. The administrator sustained the relation of’ a trustee to the estate. The sale by him was a judicial sale, and not complete until confirmation, 32 Ark., 391; 45 id., 41. To allow such an agreement to be enforced would interfere-with the due course of administration.
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APPEAL from Hoivard Circuit Court. H. B. Stuart, Judge. The answer set up as a defence a verbal understanding and agreement that is contradictory of the written contract. This cannot be done. The administrator sustained the relation of’ a trustee to the estate. The sale by him was a judicial sale, and not complete until confirmation, 32 Ark., 391; 45 id., 41. To allow such an agreement to be enforced would interfere-with the due course of administration. A claim due from an intestate to a creditor cannot be off-set against a demand due the administrator. 12 Ark., 380.
1Opinion of the CourtSmith, J.
Harmon Bishop, as administrator of W. W. Bishop, sued the makers of two promissory notes, each for the sum of $388.75 and payable to himself as such administrator. The answer alleged that the notes were made for the purchase money of certain lands sold by the administrator; that the purchaser, Dillard, had a probated demand against the estate of the plaintiff’s intestate for $2500 and that at the time of the sale, he had a verbal understanding and agreement with the plaintiff that payment of the notes would not be exacted, but that Dillard might retain the amount thereof on his claim ; that…
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