
    Solomon Meyer, Adm’r, v. Dorrance & Sons.
    1. Judgment : presumption op payment : pleadings in probate court. — No presumption in favor of the payment of a judgment will arise before the lapse of a year and a day from the date of its rendition ; hence if within that time a judgment creditor of an insolvent estate, file his petition in the Probate Court, for the purpose of compelling the administrator to give better security, it will be unnecessary for him to allege in it that the judgment is unpaid.
    2. Probate court: practice : insolvent estate. — A judgment creditor of an insolvent estate, has the right to proceed against the administrator for better security, although he has not presented his judgment before the commissioner of insolvency, if the time for such presentation lias not elapsed.
    In error from tbe Circuit Court of Jasper county. Hon. S. W. Jones, judge.
    
      Freeman and Dixon, for plaintiff in error.
    
      T. J. and F. A. It. Wharton, contra.
    
   Fisher, J.,

delivered tbe opinion of tbe court.

This was a petition filed by the creditors of an estate, in the Probate Court of Jasper county, against the administrator of said estate, alleging tbe securities of tbe administrator to be insolvent, and praying that be might be required to give other security. Tbe administrator demurred to tbe petition, and tbe court overruled tbe demurrer, from which order this appeal has been prosecuted.

It is said that the petition does not aver that tbe petitioner’s judgment has not been paid. Tbe judgment was recovered in October, 1855, and tbe petition was filed in June, 1856. No presumption of payment could arise till after a year and a day from tbe recovery of the judgment, and this disposes of this cause of demurrer. As to tbe other cause of demurrer, that tbe petition does not show that tbe judgment had been presented to the commissioner of insolvency — it is sufficient to state that tbe time for tbe presentation of claims does not appear to have elapsed.

■ Judgment affirmed.  