Kirby's Adm'r v. Anders
Supreme Court of Alabama
Appeal from the Court of Probate of Tuskaloosa. SciRE facias to revive a judgment. The scire facias recited, that a decree was rendered on the 18th November, 1852, by the Probate Court of Tuskaloosa, against John Hudson and Nancy Hudson, as administrator and adminis-tratrix of the estate of James Hudson, deceased, in favor of Ezekiel Anders, as guardian of Julia Ann B. Hudson, for $1,500, as said Julia’s distributive share of said estate ; that a fieri facias was issued on…
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Appeal from the Court of Probate of Tuskaloosa. SciRE facias to revive a judgment. The scire facias recited, that a decree was rendered on the 18th November, 1852, by the Probate Court of Tuskaloosa, against John Hudson and Nancy Hudson, as administrator and adminis-tratrix of the estate of James Hudson, deceased, in favor of Ezekiel Anders, as guardian of Julia Ann B. Hudson, for $1,500, as said Julia’s distributive share of said estate ; that a fieri facias was issued on this decree, against said administrators, on the 2d December, 1852, and was on that day placed in the hands of'the…
1Opinion of the CourtBice, J.
—Section 1922 of the Code authorizes an execution to be issued against an executor or administrator and Ms sureties, whenever an execution for money has issued from the Probate Court against such executor or administrator, and has been returned to any regular term of such court “ no property”, by the sheriff of the county. But no power is conferred on that court, by this section or by any other part of our law, to render a judgment against the sureties of an executor or administrator on such return of “ no property.” Clarke v. West, 5 Ala. 117.
It is only by virtue of the statute, that an…
2Cases cited3 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Thompson v. BondurantSupreme Court of Alabama · 1849
- Jenkins v. GraySupreme Court of Alabama · 1849
3Cited by3 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Steele v. GravesSupreme Court of Alabama · 1880
- Bobo v. GunnelsSupreme Court of Alabama · 1890