Pea v. Waggoner

Decided January 15, 1814

Tennessee Supreme Court · decided 1814-01-15

[.Administration. — Payment by Representative out of his own Means. — Substitution.] This was a bill in equity, stating the death of Tate several years ago, intestate; that administration of his estate was committed to the plaintiff by the proper court in North Carolina, where the intestate resided at the time of his death ; stating, also, payments of debts justly due from him, the intestate, to an amount exceeding that of his personal estate, and a sale of all his lands in…

Decided 1814-01-15

* Per Curiam.

¶1Had not the complainant paid these surplus debts, the defendants would now be liable for them; and there is no injustice in saying he shall stand in the place of the creditors, and resort to that property for satisfaction which they would have resorted to; and, being debts justly due from the intestate, his lands were liable to the satisfaction of them. He need not have stated the debts more particularly, for, should the answer deny *711them, he will be called upon to state and prove them severally to the satisfaction of the court.

¶2Demurrer overruled, and the defendants ordered to answer.

¶3See Pea v. Waggoner, 5 Hay. 1, and note sub fin.