In Re Sellars ( 1896 )

Faircloth, C. J.:

The mortgage in question is not in the record before us, and it is not clear whether it was executed by the administrator, as such, as required by The Code, Section 118, or whether it was by him as an heir of his intestate. It conveyed property already liable for the debts, and if it be taken that the mortgage increased the security, we infer, that it does not increase the penalty, of the bond as required by the order. The time when all the debts for which the mortgaged property is liable has not yet expired. The mortgage is to secure two thousand dollars, but is not for the amount of the bond required by said section of The Code and the order of the court. The reason or necessity for increasing the bond to $6,000 is a matter for the clerk aud not for this Court. We have concluded that the original order has not been complied with. Of course the administrator may still comply if he elects to do so. ' Error.