Pea v. Waggoner

6 Tenn. 242

Opinion

* Per Curiam.

Had not the complainant paid these surplus debts, the defendants would now be liable for them; and there is no injustice in saying he shall stand in the place of the creditors, and resort to that property for satisfaction which they would have resorted to; and, being debts justly due from the intestate, his lands were liable to the satisfaction of them. He need not have stated the debts more particularly, for, should the answer deny them, he will be called upon to state and prove them severally to the satisfaction of the court.

Demurrer overruled, and the defendants ordered to answer.

See Pea v. Waggoner, 5 Hay. 1, and note sub fin.