Section 10. Upon the return unsatisfied of an execution upon a judgment rendered in a civil action against an executor or administrator for a debt due from the estate of the deceased, the creditor may, by motion or by action in the court which rendered the original judgment, charge the executor or administrator with waste and seek to hold the executor or administrator personally liable for the amount thereof if it can be ascertained, otherwise for the amount due on the original judgment, with interest from the time when it was rendered, and judgment and execution shall be awarded as for his own debt.
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