Clisby v. Mastin
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hod. A. D. Sayre. Action by Emily Clisby and others against P. B. Mas-tin and others. From a judgment for plaintiffs for less than the relief demanded, they appeal.
Read the full summary
Appeal from Montgomery City Court. Heard before Hod. A. D. Sayre. Action by Emily Clisby and others against P. B. Mas-tin and others. From a judgment for plaintiffs for less than the relief demanded, they appeal. The decree is a final one. — R. cG D. R. R. Vo. v. Sibert, 97 Ala. 393. A deposit of the funds by the register was in contravention of the order of the court and a conversion carrying interest. — Alston v. The State, 92 Ala. 124; U. S. F. J G. Go. v. U. T. & S. Go., 142 Ala. 532; Mitchell v. Rice, 132 Ala. 120. In order to fix any liability upon any clerk or register it is necessary…
1Opinion of the CourtDenson, J.
On a bill filed in the city court of Montgomery to have lands in which the complainant and the respondent in the bill were jointly. interested under tbe provisions of a will sold for reinvestment, a decree Avas rendered ordering the sale of the lands. The lands Avere sold in accordance with the terms of the decree, and the purchase money.was paid to the register. The register, made a report of the sale to the court, and it was duly confirmed. The court made .an order requiring that the money should be kept in the registry of the court until further 'order made in respect thereto. No further…
2Cases cited2 opinions
- Alston v. StateSupreme Court of Alabama · 1890
- State v. HoustonSupreme Court of Alabama · 1885
3Cited by12 opinions
- Ellis v. BatsonSupreme Court of Alabama · 1912
- In re the Estate of KrugerNew York Surrogate's Court · 1931
- National Surety Co. v. StateSupreme Court of Alabama · 1929
- People Ex Rel. Nelson v. Home State Bank of Grant ParkIllinois Supreme Court · 1930
- Hometrust Life Insurance Company v. United States Fidelity and Guaranty Company and National Surety CorporationCourt of Appeals for the Fifth Circuit · 1962
7 more not listed; retrieve them via the Exa API.