
    Robert Colvin et al v. James H. Reynold's Assignee et al.
    .Executors — Administrators—Distributee—Overpayment—Motion.
    Where an administrator overpays a distributee, pendente lite, a rule for restitution is the proper remedy.
    APPEAL EROM MARION CIRCUIT COURT.
    March 8, 1870.
    
      Oaldwell, Bissell & A., for appellant.
    
    
      Garnett, for appellees.
    
   Opinion oe the Court by

Judge Robertson :

If the payments to the appellants of tbeir entire demands considerably exceeded their pro rata portions of tbe distributable fund as finally reduced, they- are equitably liable to restitution of tbe excess. And as those inadvertent payments by tbe administrator were made pendente lite, a rule for restitution was an appropriate remedy.

"Wherefore, as there is no apparent error, tbe judgment is affirmed.  