Section 43-2-751 Action by creditor to recover dividend.
Section 43-2-751
Action by creditor to recover dividend.
(a) Any creditor of an insolvent estate, whose claim is not barred, may bring a civil action against any person who has received any dividend of such estate and may recover from him such an amount of the dividend he has received as shall be in the same proportion thereto as the claim of the plaintiff bears to the debts of the estate distributed, including the claim of the plaintiff.
(b) But, in such action, the defendant may reduce the recovery, by showing that such dividend has been reduced by the recovery or payment of the claims of other creditors of such estate in the like proportion.
(c) In such action, the plaintiff must pay the costs, unless he proves that he has exhibited his claim and demanded of the defendant his proportion of the dividend received by him before the commencement of the action.
(Code 1852, §§1864-1866; Code 1867, §§2213-2215; Code 1876, §§2585-2587; Code 1886, §§2255-2257; Code 1896, §§323-325; Code 1907, §§2785-2787; Code 1923, §§6024-6026; Code 1940, T. 61, §§411-413.)