Murphy v. Clayton

<p>Estates of Deceased Persons—Replevin against Administrator—Sale by Decedent—Change of Possession—Validity as to Creditors— Pleading—Evidence.—In an action of replevin against an administrator, for the recovery of horses, sold by the decedent in his lifetime to the plaintiff, which sale was good as between the parties, in order that the administrator may avoid the sale in the interest of creditors of the decedent upon the ground that there was not a sufficient delivery and change of possession, as against his creditors, the facts which it is claimed made the sale void as to creditors must be specially pleaded, and cannot be proved under an allegation of ownership of the decedent at the time of his death, nor under a denial of plaintiff’s ownership and right of possession.</p> <p>Id.—Attack upon Sale of Decedent—Claims of Creditors—Insuf* ficienoy of Assets.—Before an administrator can attack a sale of personal property made by the decedent in his lifetime, in the interest of creditors, it must appear that there are creditors of the estate, and that there is an insufficiency of assets in the hands of the administrator to meet the claims of creditors which have been allowed, or who have recovered judgment against the estate.</p> <p>Id.—Disallowed and Litigated Claims not Considered.—In determining whether there is or is not a sufficiency of assets in the hands of the administrator to meet the claims of creditors, claims which have been disallowed, and are being litigated by the administrator, cannot be considered; and if there is a sufficiency of assets to meet the allowed and determined claims of creditors, the administrator cannot recover any property transferred by the decedent in his lifetime, nor successfully defend a suit of replevin for such property in the interest of creditors.</p>