Minter v. Br. Bank
Supreme Court of Alabama
Error to tbe Chancery Court of Dallas. Heard before the Hon. James B. Clark. The plaintiffs in error, William T. Minter and Matthew Gayle, filed their hill 'against the Branch Bank at Mobile, setting forth that the defendants had recovered a judgment against them, as the sureties of one Pritchard, on a note for $500, in 1842, in the Circuit Court of Mobile ; that shortly after the rendition of the judgment, an execution was issued on it, which was placed in the hands of the…
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Error to tbe Chancery Court of Dallas. Heard before the Hon. James B. Clark. The plaintiffs in error, William T. Minter and Matthew Gayle, filed their hill 'against the Branch Bank at Mobile, setting forth that the defendants had recovered a judgment against them, as the sureties of one Pritchard, on a note for $500, in 1842, in the Circuit Court of Mobile ; that shortly after the rendition of the judgment, an execution was issued on it, which was placed in the hands of the sheriff of Dallas; but no money was collected under it; that another execution afterwards was issued in 1844, on which…
1Opinion of the CourtPhelan, J.
There is nothing in the point that the Bank neglected to present the note on which the plaintiffs in error were sureties only against the estate of Pritchard, their principal, within eighteen months after the grant of letters on his estate, and so lost its remedy on him, and that they, as sureties, will be allowed to stand in the same position as their principal. The question is already settled to the contrary, in the case of McBroom v. The Governor, 6 Por. 32.
The bill, as to the demand for interest on the judgment from 1844, when the money, as it is alleged, was tendered to the Bank and…
2Cited by22 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
- P. J. Willis & Brother v. ChowningTexas Supreme Court · 1897
- McDowell v. JonesSupreme Court of Alabama · 1877
- Moore v. LesueurSupreme Court of Alabama · 1858
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