Erwin v. Hill's Administrator
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. M. J. Saeeold. This action was brought by Mrs. Susan B. Hill, suing as, tbe administratrix of her deceased husband, Charles W, Hill, against George Erwin and Allen C. Jones; was founded on the defendants’ promissory note for §40,386.98, dated the 10th day of February, 1863, and payable to tbe plaintiff, as such administratrix, on the 1st March, 1864; and was-commenced on tbe 9th day of March, 1866. Tbe judgment…
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Appeal from the Circuit Court of Hale. Tried before the Hon. M. J. Saeeold. This action was brought by Mrs. Susan B. Hill, suing as, tbe administratrix of her deceased husband, Charles W, Hill, against George Erwin and Allen C. Jones; was founded on the defendants’ promissory note for §40,386.98, dated the 10th day of February, 1863, and payable to tbe plaintiff, as such administratrix, on the 1st March, 1864; and was-commenced on tbe 9th day of March, 1866. Tbe judgment rendered on tbe first trial was reversed by this court, on appeal by tbe plaintiff, and tbe cause was remanded, as shown by…
1Opinion of the CourtB. F. Saffold, J.
When this case was in this court before (Hill v. Erwin et al. 44 Ala. 661), it was held, that the sale of a decedent’s land, under an order of the probate court, at the instance of the administrator, was a judicial sale; and that the term “ dollars,” as expressive of the consideration to be paid, meant such as would be a legal tender in the payment of debts. From these premises the court deduced the conclusion, that the purchase-money of lands of a decedent, so sold in 1863, could not be shown to have been payable in Confederate currency,, by agreement between the administrator and the…
2Cases cited5 opinions
- Harbin v. LeviSupreme Court of Alabama · 1844
- Dunham v. GrantSupreme Court of Alabama · 1847
- Bibb & Falkner v. AverySupreme Court of Alabama · 1871
- Griffin v. Ryland & BurnsSupreme Court of Alabama · 1871
- Hill v. ErwinSupreme Court of Alabama · 1870
3Cited by1 opinion
- Hanover Fire Ins. Co. v. StreetSupreme Court of Alabama · 1937