May v. Parham
Supreme Court of Alabama
Appeal from Greene Chancery Court. Heard before Hon. A. W. Dillard. On the 17th September, 1877, George W. Parham,'as the administrator of the estate of John P. Parham, deceased, filed the bill in this cause against Moody H. May Jr., as the administrator, with the will annexed of Moody H. May Sr., deceased, and Eliza May and others, infants, and devisees under said will, for the purpose of subjecting lands devised to said infant defendants, and which had passed into their…
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Appeal from Greene Chancery Court. Heard before Hon. A. W. Dillard. On the 17th September, 1877, George W. Parham,'as the administrator of the estate of John P. Parham, deceased, filed the bill in this cause against Moody H. May Jr., as the administrator, with the will annexed of Moody H. May Sr., deceased, and Eliza May and others, infants, and devisees under said will, for the purpose of subjecting lands devised to said infant defendants, and which had passed into their possession, to the payment of a judgment which the complainant, as such administrator, had recovered against the testator…
1Opinion of the CourtBbiokell, C. J.
1. The judgment against the testator at the time of his death, now sought to be charged on the lands devised, was a mere cause of action against the personal representative, incapable of revivor otherwise than by suit at law in the ordinary form. — Code of 1876, § 2633. There is no averment in the bill, that the creditor has resorted to, and prosecuted any legal remedy against the administrator with the will annexed, to establish the existence of his demand, and to enforce the payment thereof. The proceedings for the substitution of the lost or destroyed record of the judgment was not, in any…
2Cases cited7 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- M'Broom v. GovernorSupreme Court of Alabama · 1837
- Thrash v. SumwaltSupreme Court of Alabama · 1843
- Darrington v. BorlandSupreme Court of Alabama · 1836
- Evans v. Norris, Stodder & Co.Supreme Court of Alabama · 1840
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3Cited by10 opinions
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Powe v. McLeod & Co.Supreme Court of Alabama · 1884
- Kornegay v. MayerSupreme Court of Alabama · 1902
- Wise v. StateSupreme Court of Alabama · 1922
- Finlay v. KennedySupreme Court of Alabama · 1947
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