Odell

Appeal from order allowing final account of administrator. Deceased died October 20, 1889, leaving personal property which sold at public sale for $681.79, and ten acres of land upon which there was a mortgage for $5,500. Claims were presented and allowed against said estate amounting to over $1,000. The administrator filed his final account in 1897, to which many objections and exceptions were made by the appellants, but two of which are urged upon this appeal.

1. It is first claimed that the court erred in not charging the *605 administrator with $32.75 loss on sale of two horses belonging to the estate. It appears that at the time of the death of deceased the two horses had been for several months out on pasture with one McMaster. That the administrator was informed by one of the creditors that the horses were assets of the estate. That thereupon the said administrator found the horses in the possession of McMaster, who claimed a lien upon them for pasturage to the amount of $93.66. After some negotiations McMaster agreed to accept $89.50 in full, which the administrator paid and the horses were delivered to him. The administrator testified that at the time he believed the…