Hudson v. Modawell
Supreme Court of Alabama
Appeal from the Probate Court of Perry. In the matter of the application of William H. Hudson and others, heirs and distributees of the estate of Eichard H. Hudson, deceased, for a statutory execution against W. B. Modawell, administrator of said decedent, and S. S. King, E. A. Steele, and E. L. Steele, sureties on his official bond, an execution against said administrator having been returned “No property found.”
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Appeal from the Probate Court of Perry. In the matter of the application of William H. Hudson and others, heirs and distributees of the estate of Eichard H. Hudson, deceased, for a statutory execution against W. B. Modawell, administrator of said decedent, and S. S. King, E. A. Steele, and E. L. Steele, sureties on his official bond, an execution against said administrator having been returned “No property found.” The application was resisted by the sureties, and was overruled and refused by the court or judge. The appellants reserved a bill of exceptions to this ruling and decision, and they…
1Opinion of the CourtBeickell, C. J.
On a final settlement of the administration of Modawell, as administrator of Hudson, had in the Court of Probate of Perry county, on the 23d day of May, 1878, decrees were rendered against him, in favor of the several distributees, and executions thereon were regularly issued against him, and returned No property found. On the 5th *482March, 1879, after the return of the executions against Modawell, the appellants applied to the judge of probate, for execution against him and 8. S. King, E. A. Steele, and R. L. Steele, as sureties on his bond. Thereupon, those sureties appeared voluntarily,…
2Cases cited6 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Elliott v. MayfieldSupreme Court of Alabama · 1842
- Lunsford v. RichardSupreme Court of Alabama · 1843
- Crenshaw v. HardySupreme Court of Alabama · 1842
- Kyle v. EvansSupreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Frohlichstein v. JordanSupreme Court of Alabama · 1903
- Ernst v. EldredSupreme Court of Colorado · 1927