Winningham v. Holloway
Supreme Court of Arkansas
APPEAL from Ashley Circuit Court. Jno. M. Bradley, Judge. 1. There had been a final settlement of the estate; all debts had been paid; there was nothing more for an administrator to do, and the judgment passed by law to the heirs at law. They had the legal title to it and could assign to whom they pleased. 6 Wallace (U. S.), 458,‘ 461. 2. The affidavit of Winningham was all that could be required in this case. The affidavit required by sec. 106, Mansf.
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APPEAL from Ashley Circuit Court. Jno. M. Bradley, Judge. 1. There had been a final settlement of the estate; all debts had been paid; there was nothing more for an administrator to do, and the judgment passed by law to the heirs at law. They had the legal title to it and could assign to whom they pleased. 6 Wallace (U. S.), 458,‘ 461. 2. The affidavit of Winningham was all that could be required in this case. The affidavit required by sec. 106, Mansf. Dig., not necessary under the circumstances. Mansf. Dig., sec. 102; 13 Ark., 276. 3. That the legal title was in the héirs, see 27 Ark., 445,…
1Opinion of the CourtBattle, J.
In 1865 George W. Ethridge died intestate, leaving an estate consisting partly of money. One Johnson administered; and he was ordered by the probate court to loan the money. J. L. Holloway borrowed about $6'oo.oo of it, and he executed his note therefor. The note not having been paid at maturity, the administrator brought suit on it against Holloway and recovered judgment, on which an execution was- issued, and a small part of it was collected. In April of 1877, Johnson as administrator of Ethridge, filed a settlement in which he claimed a credit for the -balance due on the judgment. The…
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