Dean v. Portis
Supreme Court of Alabama
Writ of Error to the Circuit Court of Clarke. This was an action of debt at the suit of Portis, Judge of the county court of Clarke, for the use of Henry P. Brown, upon a bond executed by Dean, as administrator of the estate of Richard Hopkins, deceased, and his co-defendants as sureties, for the performance of his duties. The cause was tried by a jury, on an issue which threw upon the plaintiff the burthen of proving the breach of the condition as alledged.
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Writ of Error to the Circuit Court of Clarke. This was an action of debt at the suit of Portis, Judge of the county court of Clarke, for the use of Henry P. Brown, upon a bond executed by Dean, as administrator of the estate of Richard Hopkins, deceased, and his co-defendants as sureties, for the performance of his duties. The cause was tried by a jury, on an issue which threw upon the plaintiff the burthen of proving the breach of the condition as alledged. A verdict was returned for the plaintiff, and judgment was rendered thereon. From a bill of exceptions sealed at the defendant’s…
1Opinion of the CourtCollier, C. J.
In Thrash v. Sumwalt, 5 Ala. Rep. 13, it was decided, that “ an administrator is bound to a creditor of the intestate, in consequence of the assets which come to his hands to be administered; and a distributee has no claim whatever, until the demands of all creditors are satisfied, or legally barred.” He cannot therefore discharge *107himself, or the assets, from liability to the creditors, by a premature settlement with the distributees, or by a decree of the orphans’ court directing distribution. “ When the creditor’s demand has been presented within the proper period, it is the duty of the…
2Cases cited2 opinions
- Thrash v. SumwaltSupreme Court of Alabama · 1843
- Miller v. GeeSupreme Court of Alabama · 1842
3Cited by6 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Banks v. SpeersSupreme Court of Alabama · 1892
- Amason v. NashSupreme Court of Alabama · 1854
- Ward v. YongeSupreme Court of Alabama · 1871
- American Surety Co. of New York v. BakerCourt of Appeals for the Fifth Circuit · 1940
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