Legal Opinion

Ramser v. Blair

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 1 opinion

Appeal from the Circuit Court of Barbour. Tried before the lion. A. A. Evans. This was an action for money had and received, brought by the appellee against the appellant, Thomas eJ. Ramser, as- executor of the last will and testament of Jacob Ramser, deceased. The cause was tried on issue joined on the plea of the general issue. The facts of the case are sufficiently stated in the opinion.

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Appeal from the Circuit Court of Barbour. Tried before the lion. A. A. Evans. This was an action for money had and received, brought by the appellee against the appellant, Thomas eJ. Ramser, as- executor of the last will and testament of Jacob Ramser, deceased. The cause was tried on issue joined on the plea of the general issue. The facts of the case are sufficiently stated in the opinion. Upon the hearing of all the evidence, the court gave the. general affirmative charge in favor of the plaintiff, and refused to give a similar charge requested by the defendant. The defendant separately…

1Opinion of the CourtDowdell, J.

The appellee, plaintiff in the court beloAV, sued appellant as executor of the last will and testament of Jacob Ramser, deceased, in assumpsit on the common counts for money had and received for the use of plaintiff.

Item third in the will of defendant’s testator is as folIoavs : “It is my Avill and desire and I hereby give and bequeath, to my daughter Mrs. Laura Y. Blair, wife of Ed. P. Blair, during her natural life the interest on twelve thousand dollars (f12,000) of bonds of the State of Alabama, Class A; the interest thereon to be paid to her by my executors hereinafter named, as it…

2Cases cited5 opinions

  1. Vincent v. RogersSupreme Court of Alabama · 1857
  2. Hitchcock v. LukensSupreme Court of Alabama · 1838
  3. Perkins v. MooreSupreme Court of Alabama · 1849
  4. Lowery v. DanielSupreme Court of Alabama · 1893
  5. Gause v. HughesSupreme Court of Alabama · 1839

3Cited by1 opinion

  1. Taylor v. NewmanSupreme Court of Alabama · 2012

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