19 Ala. 25 | Ala. | 1851
This was an action brought by tbe plaintiff in error against tbe defendant, as administrator of tbe estate of Walter McBeth, to recover money, which tbe plaintiff, as administrator in chief of tbe same estate, had paid by mistake to John C. & Mary McBeth, who succeeded him in the administration. It appeared that John C. & Mary bad quit tbe administration, and bad turned over the assets of tbe estate to tbe defendant, who was administrator de bonis non, by virtue of bis office, as sheriff of the county. Tbe bill of exceptions does not state that tbe money thus paid by tbe plaintiff through mistake to tbe intervening representatives, was treated by them as assets, or paid over by them to tbe defendant, who succeeded them ; but only shows that tbe assets of the estate passed into tbe defendant’s bands. Tbe court charged tbe jury, that upon this proof tbe plaintiff could not recover.
In our opinion, this charge was correct; for it is very clear that the money overpaid through mistake was not an asset of tbe estate, and that tbe estate could not be made chargeable on
Let the judgment be affirmed.