Prudential Insurance Co. of America v. Gainey
Prudential Insurance Co. of America v. Gainey
Opinion of the Court
1. Where A, a creditor of the estate of a deceased person, made application for the appointment of an administrator upon the estate, and suggested B as a proper person for such appointment and prayed that he be so appointed, and thereupon the court of ordinary so appointed B, and B qualified, had the estate appraised, and discovered that all the property of the estate .consisted of realty held by A under a security deed with power of sale, and that A had obtained the administration on the estate for the sole purpose of foreclosing the security deed by suing the administrator and obtaining judgment against him on such claim, and where A, at the expiration of twelve months from B’s qualification as administrator, brought suit against B and obtained judgment thereon for the full amount of his claim (the administrator allowing the judgment to be rendered against him without setting up
2. Under the preceding ruling and the facts of the instant case (which are set forth in the preceding note), the declaration in attachment failed to set out a cause of action, and the court erred in overruling the general demurrer interposed.
Judgment reversed.
Reference
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- Prudential Insurance Company of America v. Gainey
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