Sanders v. Godley's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. Joiin Foster. Tiie original bill in this case was filed by Grandin F. Godley, on the 23d October, 1841,, against Mrs. Sarah Sanders, James T. Kimble, and Nathaniel Terry as administrator de bonis non of John B. Fox, deceased; and sought to subject certain slaves in the hands of Mrs. Sanders andKimble, to whom, they were specifically bequeathed by said Fox, to the satisfaction -of a judgment which the…
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Appeal from the Chancery Court of Madison. Heard before the Hon. Joiin Foster. Tiie original bill in this case was filed by Grandin F. Godley, on the 23d October, 1841,, against Mrs. Sarah Sanders, James T. Kimble, and Nathaniel Terry as administrator de bonis non of John B. Fox, deceased; and sought to subject certain slaves in the hands of Mrs. Sanders andKimble, to whom, they were specifically bequeathed by said Fox, to the satisfaction -of a judgment which the complainant, in the name of Horner, Blocker & Co. for his use, had obtained against Robert A. High, as the executor of said Fox,…
1Opinion of the CourtR. W. Walker, J.
The only evidence adduced by the complainant of an indebtedness by' the testator is the judgment described in the original bill, rendered against High, the executor, in 1841. It is shown that the slaves bequeathed to the legatees, who are parties to this suit, had been delivered to them by the executor before the rendition of that judgment; and it is now said, that, this being the" case, the judgment against the executor is not evidence, as against the legatees, of an indebtedness by the testator. This may be a correct legal proposition, but we feel constrained to hold, that the former…
2Cases cited10 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- General Insurance v. United States InsuranceCourt of Appeals of Maryland · 1857
- Dorr v. ShawNew York Court of Chancery · 1819
- Chapman v. HamiltonSupreme Court of Alabama · 1851
- Cornish v. WillsonCourt of Appeals of Maryland · 1848
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