State ex rel. Reyburn v. Ruggles

• Citation: 23 Mo. 339
• Parties: THE STATE, TO THE USE OF REYBURN et al., Respondents, v. RUGGLES et al., Appellants.
• Decision Date: 31 October 1856
• Court: United States State Supreme Court of Missouri

23 Mo. 339

THE STATE, TO THE USE OF REYBURN et al., Respondents,

v.RUGGLES et al., Appellants.

Supreme Court of Missouri.

October Term, 1856.

1. An administrator de bonis non is not liable for a failure to collect judgments recovered by a previous administrator, and which were assets belonging to the estate, where it does not appear that he had notice of their existence.

2. The Supreme Court will not draw inferences of fact from other facts stated in the finding of the court below.

Appeal from Washington Circuit Court.

This case has heretofore been in this court, and will be found reported 20 Mo. 99. The cause was tried upon the following agreed statement of facts, which also constituted the finding of the facts by the court: “That Joseph N. Reyburn, administrator with the will annexed of Joseph Reyburn, sold property of deceased and took notes for same; that the judgments mentioned in the petition were recovered by said Joseph N. Reyburn in his lifetime on said notes, and at his death said judgments were not satisfied. E. S. Ruggles was appointed administrator de bonis non of said Joseph Reyburn, and his inventory of papers, delivered to him or coming to his hands, contains the receipts of P. Cole for the notes on which said judgments were founded. A receipt presented by defendants of Joseph N. Reyburn is admitted, and that Joseph N. Reyburn, while administrator, ordered out executions against the defendants, and they were returned on his order, and at the time they were so returned the defendants in the judgments were solvent. E. S. Ruggles was also the administrator of the estate of J. N. Reyburn, and made final settlement in March, 1853.”

Upon these facts, the court stated the following conclusion of law: “That the judgments of Joseph N. Reyburn v. Jones and others, being obtained upon notes taken by said Joseph N. for property of the estate purchased at the sale, are not on that account the individual property of said Joseph N., but were in his hands and assets of said estate of Joseph Reyburn, deceased; and having come or been brought to the knowledge of said Ruggles after he became administrator de bonis non, and he failing to collect or account for said judgment, is liable therefor.” Judgment was accordingly rendered on the bond against the principal and sureties, from which judgment an appeal was taken to this court.

Perryman, for appellants.

Frissell, for respondents.

LEONARD, Judge, delivered the opinion of the court.

The agreed facts do not...