Randolph v. Brown
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. David T. Blakey, Special Judge. The bill in this case was filed by the appellee, W. D. Brown, against the appellants, on November 30th, 1895. It avers that on the 2d day of August, 1886, F. C. Eandolph was duly elected judge of probate for Montgomery county, Ala., and that on the 3d day of August, 1886, he executed an official bond in the penalty of $25,000, with complainant as one of the sureties…
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. David T. Blakey, Special Judge. The bill in this case was filed by the appellee, W. D. Brown, against the appellants, on November 30th, 1895. It avers that on the 2d day of August, 1886, F. C. Eandolph was duly elected judge of probate for Montgomery county, Ala., and that on the 3d day of August, 1886, he executed an official bond in the penalty of $25,000, with complainant as one of the sureties thereon. That while acting as such judge under said bond said Eandolph became a defaulter to the State of Alabama for…
1Opinion of the CourtColeman, J.
The probate judge became a defaulter to the State of Alabama for moneys received by him by virtue of his office, which belonged to the State. The State sued upon the official bond of the judge, and recovered judgment against him and his sureties. This judgment was paid by W. D. Brown, one of the sureties, and he then filed the present bill, praying to be subrogated to the rights of the State. The only material' question is, whether the claim to a homestead exemption is available to the defaulting official. That the constitutional exemption applies only as to “debts contracted, ” is clear from…
2Cases cited5 opinions
- Knighton v. CurrySupreme Court of Alabama · 1878
- Schuessler v. DudleySupreme Court of Alabama · 1886
- State v. LottSupreme Court of Alabama · 1881
- Vincent v. StateSupreme Court of Alabama · 1883
- Wright v. JonesSupreme Court of Alabama · 1893
3Cited by7 opinions
- Shields v. HightowerSupreme Court of Alabama · 1926
- Singleton v. United States F. & G. Co.Supreme Court of Alabama · 1915
- Watkins v. ReinhartSupreme Court of Alabama · 1942
- Yarbrough v. HightowerSupreme Court of Alabama · 1924
- Tennessee Valley Bank v. AaronSupreme Court of Alabama · 1925
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