Court of Appeals of Kentucky, 1870

Colvin v. Reynold's Assignee

Colvin v. Reynold's Assignee
Court of Appeals of Kentucky · Decided March 8, 1870 · Robertson
4 Ky. Op. 282; 1870 Ky. LEXIS 330

Colvin v. Reynold's Assignee

Opinion of the Court

Opinion oe the Court by

Judge Robertson :

If the payments to the appellants of tbeir entire demands considerably exceeded their pro rata portions of tbe distributable fund as finally reduced, they- are equitably liable to restitution of tbe excess. And as those inadvertent payments by tbe administrator were made pendente lite, a rule for restitution was an appropriate remedy.

"Wherefore, as there is no apparent error, tbe judgment is affirmed.

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