King v. Green
Supreme Court of Alabama
George C. King, sheriff of Perry county, and administrator de boñis non, by virtue of his office, of John Bass, deceased, brought an action of debt in Perry Circuit Court, against Jetson Green, "R. W. Holliday, and John Welsh, to recover of them the amount due on a sealed note made by them. The declaration was in the detinet, and contained two counts.
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George C. King, sheriff of Perry county, and administrator de boñis non, by virtue of his office, of John Bass, deceased, brought an action of debt in Perry Circuit Court, against Jetson Green, "R. W. Holliday, and John Welsh, to recover of them the amount due on a sealed note made by them. The declaration was in the detinet, and contained two counts. In the first count it was avered, that the defendants, Jetson Green, B. W. Holliday, and J. Welsh, on the 13th December, 1S22, made and sealed a specialty, promising to pay twelve months after the date, to Julian Bass, administratrix, and to M.…
1Opinion of the Court
By JUDGE WHITE.
In the opinion of the Judge who presided in the Court below, and which is filed of record, the case is assimilated to one, where, in a note given to an administrator, he becomes security for himself. In England, when a creditor appoints his debtor executor, when his own creditors will not be injured, and there is nothing expressed in the will to the contrary, it will operate as an extinguishment of the debt, on the principle that from such an act of the testator, it may reasonably be infereA, that such was his intention. In that case, the party himself acting in his oivn right,…
2Cited by6 opinions
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- Hendricks v. JohnsonSupreme Court of Alabama · 1838
- Spence v. RutledgeSupreme Court of Alabama · 1847
- Erwin v. ReeseSupreme Court of Alabama · 1875
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