King v. Shackleford
Supreme Court of Alabama
Error to the Orphans’ Court of Shelby. The plaintiff in error filed his petition in the orphans’ court of Shelby county, alledging, among other things, that he and the defendant became executors of one Mason, deceased. That at a sale of the effects of Mason’s estate, one Ferrill purchased a portion of the same, and gave his note payable to the executors, with Shackleford, the defendant as security.
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Error to the Orphans’ Court of Shelby. The plaintiff in error filed his petition in the orphans’ court of Shelby county, alledging, among other things, that he and the defendant became executors of one Mason, deceased. That at a sale of the effects of Mason’s estate, one Ferrill purchased a portion of the same, and gave his note payable to the executors, with Shackleford, the defendant as security. The petition further avers that said plaintiff is a creditor of the said estate; that Ferrill is insolvent; that Shackleford refuses to account and pay said sum due from him. The plaintiff tendered…
1Opinion of the CourtChilton, J.
In Childress v. Childress, 3 Ala. R. 752, it is decided, that an executor who purchases the property *436of the estate, is, after the expiration of the term of credit, chargeable with the amount due, as so much money in his hands. So also, in the final settlement of the accounts of an administrator, he is chargeable with a debt due from himself to the decedent, although he may have been insolvent when the administration was committed to him, and continues so. Purdom v. Tipton, et al. 9 Ala. Rep. 914. The principles settled by the above cases will charge the defendant in error with the amount of…
2Cases cited3 opinions
- Purdom v. TiptonSupreme Court of Alabama · 1846
- Chandler v. ShehanSupreme Court of Alabama · 1845
- King v. ShacklefordSupreme Court of Alabama · 1844
3Cited by4 opinions
- Fawcetts v. KimmeySupreme Court of Alabama · 1858
- Waldrop v. PearsonSupreme Court of Alabama · 1868
- Little v. HeardSupreme Court of Alabama · 1849
- Eslava v. StateSupreme Court of Alabama · 1870