Cawthorn v. Knight
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Henry. The facts of this case may be thus condensed. On the 17th October, 1845, a writ of fieri facias tested of the preceding day, was issued from the orphans’ court in favor of the appellee against Moses K. Speight, Stephen 'Cawthorn, Wm. Cawthorn, Wm. Armstrong, executor of John Jones, who was executor of Geo.
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Writ of Error to the Orphans’ Court of Henry. The facts of this case may be thus condensed. On the 17th October, 1845, a writ of fieri facias tested of the preceding day, was issued from the orphans’ court in favor of the appellee against Moses K. Speight, Stephen 'Cawthorn, Wm. Cawthorn, Wm. Armstrong, executor of John Jones, who was executor of Geo. Jones, deceased, for the sum of $1,453 .58, besides costs, which was levied on property in the possession of Stephen Cawthorn. Speight, one of the defendants in execution, was appointed a guardian of the ap-pellee’s ward, on the 6th day of…
1Opinion of the CourtCollier, C. J.
The act of 1830, provides that all de*581crees made by the orphans’ court on a final settlement of the accounts of executors, administrators, and guardians shall have the force and effect of judgments at law, and executions may issue thereon, for the collection of the several distributive amounts against such executor, administrator, or guardian. [Clay’s Dig. 304, § 42.] A subsequent enactment, of 1832, declares, that when such an execution shall be returned by the sheriff “no property found,” as to a part thereof, or generally, execution shall forthwith issue against the sureties of such…
2Cases cited2 opinions
- Bissell v. KipNew York Supreme Court · 1809
- Thatcher v. MillerMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Thompson v. BondurantSupreme Court of Alabama · 1849
- Phillips v. BrazealSupreme Court of Alabama · 1848