Sanders v. Godley
Supreme Court of Alabama
The bill in this case was filed in the Chancery Court of Madison ; but the Hon. David G. Ligón, who was then the Chancellor of the Northern Division, having been of counsel, it was transferred to Jefferson & Walker, and was heard before the Hon. W. W. Mason. It is brought to this court by writ of error.
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The bill in this case was filed in the Chancery Court of Madison ; but the Hon. David G. Ligón, who was then the Chancellor of the Northern Division, having been of counsel, it was transferred to Jefferson & Walker, and was heard before the Hon. W. W. Mason. It is brought to this court by writ of error. The bill was filed by Grandin F. Godley against the plaintiffs in error, to obtain satisfaction of a judgment at law against the executor' of John B. Fox, deceased, on a debt of the testator, out of certain property in the hands of the defendants, to whom it was bequeathed by said Fox. It…
1Opinion of the CourtPhelan, J.
We do not understand the plaintiffs in error seriously to question the rule of law, -that property in the hands of a legatee will be held liable to the payment of the testator’s debts, if the assets otherwise prove insufficient. Even if it be denied, we cannot hesitate to pronounce that such is the rule of law; and the answers and proof in this cause clearly make out a case to which that rule is applicable. The debt against the testator is well established; the insolvency of his executor, and of the executor’s sureties, is also well established; and the third fact necessary to complete the…
2Cases cited3 opinions
- Woodward v. WoodSupreme Court of Alabama · 1851
- Dias v. BouchaudNew York Court of Chancery · 1843
- Johnston v. Heirs of HainesworthSupreme Court of Alabama · 1844
3Cited by12 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Helms v. ChadbourneWisconsin Supreme Court · 1878
- Bondurant v. Sibley's HeirsSupreme Court of Alabama · 1861
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