If T. S. Wyatt, as the heir, took possession of the property of his deceased father, John D. Wyatt, without administration, he is liable for the debt sued on in this case, provided the estate was solvent, and there was enough of the estate left after paying preferred claims and incumbrances, to satisfy the debt. This was not averred nor proven on the trial.

The judgment of the District Court must therefore be reversed and the cause remanded.

Reversed and remanded.