Gilchrist v. Filyau
Supreme Court of Florida
Error to Gadsden Circuit Court. This was an action of debt against Filyau and his wife, the latter being heir at law of W. D. Harrison, who had become security on the guardian bond of R. L. Harrison, guardian of Edward Mash-burn, a minor.
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Error to Gadsden Circuit Court. This was an action of debt against Filyau and his wife, the latter being heir at law of W. D. Harrison, who had become security on the guardian bond of R. L. Harrison, guardian of Edward Mash-burn, a minor. The plaintiff alleged as a breach of condition of the bond, that Robert L. Harrison, the guardian, had been removed: from the office, and had failed to pay over and deliver to his successor the moneys and property received by him as guardian, &c. Defendants pleaded “ non damnificalus,” and plaintiff demurred. The Court overruled the demurrer and gave…
1Opinion of the Court
Hawkins, Justice:
The pleadings in this case raise the question, can an action of debt be sustained in this State by a creditor against the heir, upon the bond of his ancestor, the heir being expressly named.
If the solution of this question is to depend solely on the common law of England without reference to our statutes, the response would clearly be in the affirmative, for the principle is too well defined and settled to require comment or the sanction of authority. By that law the obligee of a bond could sue the heir, if expressly named, or the executor at his election, and have execution…
2Cited by11 opinions
- Doyle v. WadeSupreme Court of Florida · 1887
- Whitlock v. WillardSupreme Court of Florida · 1881
- Emerson v. Ross'Supreme Court of Florida · 1879
- Hays' Administratrix v. McNealySupreme Court of Florida · 1878
- Broward v. BrowardSupreme Court of Florida · 1928
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