United States v. Drennen et al.
THE UNITED STATES vs. JOHN DRENNEN and ELIAS RECTOR, administrators of Wharton Rector, deceased.
- Suits may be brought in the courts of the United States against executors and administrators, and judgments rendered against them in their representative capacity, and executions issued against the property of the estate unadministered, and a sale thereof, whether it be lands, slaves, or goods and chattels, will pass a valid title to the purchaser.
- Every court must necessarily possess the power of executing its judgments and decrees.
- The judicial act of 1789 expressly provides for rendering judgments against the estates of deceased persons, and also for issuing executions on all judgments rendered in the courts of the United States.
- The jurisdiction of the courts of the United States is derived alone from the constitution and laws of the United States, and cannot be enlarged, diminished, or affected by State laws or regulations. 3 Wheat. 221; 11 Peters, 175.
- By the laws of Arkansas, goods and chattels, credits and effects, lands, tenements, and slaves are assets in the hands of an administrator for the payment of debts.
- Judgments may be rendered de bonis testatoris under these laws, and executions issued against the estate of the intestate, and the same sold to satisfy the execution.
- Where property will be sacrificed, the officer should not sell, but wait for a venditioni exponas.
- See notes, as to sale of property of deceased persons on judgments and execution.
March, 1845.—Petition to quash execution, determined before the Hon. Benjamin Johnson, district judge of the United States for the district of Arkansas, at chambers.
"To the Hon. Benjamin Johnson, Judge of the District Court of the United States in and for the District of Arkansas.
"Your petitioners, John Drennen and Elias Rector, as administrators of all and singular the goods and chattels, rights and credits of Wharton Rector, deceased, respectfully represent,
"That heretofore, namely, on the 12th day of October, A.D. 1844, the United States, by the consideration and judgment of the district court of the United States for the district of Ar-
