Steele v. Tutwiler
Supreme Court of Alabama
Appeal from the Probate Court of Greene. The appellant in this case, Andrew S. Steele, filed his petition in said court on the 1st day of March, 1881, seeking to set aside, vacate and annul an execution issued by said court, a sale of his lands under said execution, and a sheriff’s deed to Henry A. Tutwiler, as the purchaser at the sale.
Read the full summary
Appeal from the Probate Court of Greene. The appellant in this case, Andrew S. Steele, filed his petition in said court on the 1st day of March, 1881, seeking to set aside, vacate and annul an execution issued by said court, a sale of his lands under said execution, and a sheriff’s deed to Henry A. Tutwiler, as the purchaser at the sale. The petition alleged that, on the 26th September, 1862, letters of administration on the estate of Tobias Cox, deceased, were granted by said court to Sidney P. Steele, who thereupon qualified, and gave b ond, with' the petitioner as his sole surety ; that…
1Opinion of the CourtSomerville, J.
The statute provides, that bonds given by executors and administrators must have “ at least two sufficient sureties.”—Code (1876), § 2365. It further provides, that “ when any executor or administrator gives-a bond, which is not payable or conditioned as required by law, such bond is not void, but stands, on its condition being broken, subject to all the remedies which could have been maintained on such bond had the same been payable and conditioned as required by law.”—Code, § 2404,
The question is presented for our consideration in this case, whether an administrator’s bond with one surety…
2Cases cited4 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Boren v. M'GeheeSupreme Court of Alabama · 1838
- Morgan v. EvansIllinois Supreme Court · 1874
- Samples v. WalkerSupreme Court of Alabama · 1846
3Cited by22 opinions
- White v. FarleySupreme Court of Alabama · 1886
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
- United States Fidelity & Guaranty Co. v. Union Trust & Savings Co.Supreme Court of Alabama · 1904
- Gardner v. Mobile & Northwestern RailroadSupreme Court of Alabama · 1893
- Christian & Craft Grocery Co. v. Michael & LyonsSupreme Court of Alabama · 1898
17 more not listed; retrieve them via the Exa API.