SILVA v. SILVA

Plca of res judicata-Decree against administrator-His duty to judgment-creditors of intestate.

A. a creditor of B who had died intestate, obtained judgment against his administrator and caused certain properties of the estestate to be seized in execution of his decree. C's claim to them being upheld, A sued him to have the properties declarded as part of the intestate's estate and made executable. C pleaded in bar a decree entered in his favour in a previous suit between him and A, whereby (he lands in question were declared to be the property of the defendant.

Held, that the District Judge was wrong in upholding this decree as res judicata between the parties. It had no bearing on the present claim of the plaintiff, which was to have it declared that these lands are part of the intestate's estate.

When a debt is established against the estate of a deceased person and judgment given against his administrator, it is his duty to pay such debt by selling a sufficient portion of the estate, and not to allow the judgment-creditor to take out execution against the estate.

PLAINTIFF raised this action to have certain p