Thomas v. Sterns
Supreme Court of Alabama
Appeal from the Chancery Court at Claiborne. Heard before the Hon. "Wade Keyes. The bill in this ease was filed by the appellants, on the 21st September, 1849, and sought to reach assets in the hands of the defendant, Henry F. Sterns, as the administrator of William Thomas, deceased, who was the administrator in chief of Joseph Thomas, deceased, and to have such assets subjected to the satisfaction of several judgments at law, which the complainants had obtained against…
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Appeal from the Chancery Court at Claiborne. Heard before the Hon. "Wade Keyes. The bill in this ease was filed by the appellants, on the 21st September, 1849, and sought to reach assets in the hands of the defendant, Henry F. Sterns, as the administrator of William Thomas, deceased, who was the administrator in chief of Joseph Thomas, deceased, and to have such assets subjected to the satisfaction of several judgments at law, which the complainants had obtained against George Stonum, as the administrator de bonis non of said Joseph Thomas. Its material allegations were, that said Joseph…
1Opinion of the CourtStone, J.
—We do not, in this case, propose to determine whether, under the pleadings, the defense of non-claim can be entertained in favor William Thomas, the first administrator. Nor do we, in this case, decide whether Sterns, the administrator of William Thomas, can rely on the failure of complainants to present the claim to him.
*143As we understand this record, we feel it our' duty to •consider the case in two aspects. First, whether there is any privity between Stonum and Sterns, so as to m&ke the judgments of complainants against Stonum, evidence of the debts as against Sterns.
In Rogers v. Grannis,…
2Cases cited2 opinions
- Smith v. RedusSupreme Court of Alabama · 1846
- Rogers v. GrannisSupreme Court of Alabama · 1852
3Cited by4 opinions
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Hays v. CockrellSupreme Court of Alabama · 1867
- Hurt v. HurtSupreme Court of Alabama · 1908
- Graves's Administrator v. FlowersSupreme Court of Alabama · 1874