WILLIAM J. MCLEAN AND JOHN M. BASS, EXECUTORS OF HENRY R. W. HILL, DECEASED, THE SAID HENRY R. W. HILL AND WILLIAM J. MCLEAN BEING THE SURVIVING PARTNERS OF THE FIRM OF N. AND J. DICK AND CO., APPELLANTS,
v.
JAMES L. MEEK, ADMINISTRATOR OF JOSEPH MEEK, AND JAMES L. MEEK AND JOSEPH MEEK

U.S. | 1855-12-01
18 How. 16 Supreme Court of the United States (1855) Positive Treatment
Also reported at: 15 L. Ed. 277 · SCDB 1855-011 · 1855 U.S. LEXIS 652
Cited by 7 cases

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Synopsis

Hill and McLean, executors of a deceased partner, sued Joseph Meek's administrator in federal court seeking to recover over $20,000 allegedly owed by Meek before his death in 1838. The Supreme Court affirmed the lower court's dismissal, holding that a chancery court judgment from Tennessee, where Meek's estate was administered and the claim was allowed, could not bind the administrator in Mississippi where separate administration was taking place, as each administrator's authority was limited to assets within their respective state and could only be held accountable under that state's laws.


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Opinion of the Court
Mr. Justice CATRON

Mr. Justice CATRON delivered the opinion of the court.

TTill and McLean sued James L. Meek, administrator of Joseph Meek, by bill in equity, in'the circuit court of the United States for the southern district of Mississippi, for upwards of $20,000, alleged to be due the complainants by Joseph Meek at thé time .of his death.

• He died in February,1838, and was then domiciled in Davidson county, Tennessee. In September, 1838, Jesse Meek was appointed administrator of Joseph Meek’s estate in said county. In November, 1840, the estate was alleged to be insolvent, and a bill was filed in the chancery court exercising jurisdiction in Davidson county, by Jesse Meek, the then administrator, and John Munn and his wife, who was a daughter of Joseph Meek, sétting forth the insolvency, and .praying for judiciál administration of the assets among the creditors of the deceased, according to the statute of that State. To this bill the creditors were the -.proper defendants, and entitled to share the assets ratably. .The other children of the deceased were also made defendants, and acted by their guardian.

Nathaniel and James Dick and Co. presented a claim for allowance of $21,445, and which was allowed by the chancery court in May 1846, and about $2,000 of it was afterwards paid out of the assets distributed; and for the balance remaining unpaid the present bill was filed, seeking a discovery of assets from the administrator in Mississippi, and payment therefrom.

The evidence relied on to sustain the suit'and establish the. demand was a copy of the record from the chancery court of Tennessee; and the principal question is, whether this proceeding bound the administrator or affected the assets in Mississippi.

There is one circumstance worthy of explanation. Jesse Meek administered in Mississippi, 30th February, 1838, on Joseph Meek’s estate, but his letters were revoked in 1841, and John Munn was appointed administrator de bonis non, and after-wards James L. Meek was appointed, and superseded Munn; and James L. is here sued.

During the contest in the Tennessee court, when Dick and Co. established their demand, Jesse Meek was the Tennessee administrator, ápd Munn and Joseph L. Meek were successively administrators in Mississippi.

These administrations were independent of each other; the respective administrators represented Meek, the deceased intestate, by an authority coextensive only with the State where the letters of administration were granted, and had jurisdiction of the assets there, and were accountable to creditors and distributees according to the laws of the State granting the authority-. No connection existed, or could exist, between them, and therefore a recovery against the one in Tennessee was no evidence against the other in Mississippi. Stacy v. Thrasher, 6 How. 44, lays down this distinct rule. But if there was evidence of the demand, as alleged,- and which we do not doubt exists, yet it is only evidence of an open account existing at the time of Joseph Meek’s death, in 1838, and therefore subject to be barred by the act of limitations in Mississippi barring such claims, if suit is not brought to enforce them within three years next after the cause of action accrued. The answers of the administrator and heirs of Joseph Meek rely on the act of limitations as a bar to. relief, and which bar would necessarily be allowed, if the cause was remanded, so that further evidence might be introduced. As it now stands, however, there is no evidence of the demand, and therefore we order that the decree of the circuit court shall be affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Ingersoll v. Coram, 211 U.S. 335 (U.S. 1908)
    …affect assets received by the latter in virtue of his own administration; for in contemplation of law, there is no privity between him and the other administrator. See Story, Confl. of Laws, § 522; Brodie v. Bickley, 2 Rawle, 431.’ ” McLean v. Meek, 18 How. 16; Johnson v. Powers, 139 U. S. 156, were also cited, and it was said that the “doctrine was-enforced in Massachusetts. Low v. Bartlett, 8 Allen, 259.” Respondents insist that this doctrine has no application to the Montana judgment, and urge that th…
  • Brown v. Fletcher's Estate, 210 U.S. 82 (U.S. 1908)
    …received by the latter in virtue of his own administration; for in contemplation [*91] of law, there is no privity between him and the other administrator. See Story, Confl. of Laws, § 522; Brodie v. Bickley, 2 Rawle, 431.” See also McLean v. Meek, 18 How. 16; Johnson v. Powers, 139 U. S. 156, in which the question is discussed at some length by Mr. Justice Gray. This doctrine was enforced in Massachusetts. Low v. Bartlett, 8 Allen, 259, where a judgment had been recovered in Vermont against an ancillary…
  • Johnson v. Powers, 139 U.S. 156 (U.S. 1891)
    …aintiff in another State, either against an administrator, whether the same or a different person, appointed there, or against any other person having assets of the deceased. Aspden v. Nixon, 4 How. 467; Stacy v. Thrasher, 6 How. 44; McLean v. Meek, 18 How. 16; Low v. Bartlett, 8 Allen, 259. In Stacy v. Thrasher, in which a judgment, recovered in one State against an administrator appointed in that State, upon an alleged debt of the intestate, was held to be incompetent evidence of the debt in a suit bro…

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