Watts v. Gayle
Supreme Court of Alabama
Ekrob to tbe Chancery Court of Lowndes. Tried before tbe Hon. J. W. Lesesne. Tbis bill was filed by Gayle & Bower, et al. against tbe plaintiffs in error, as executors de son tort of Jeremiab Watts, deceased, wbo was one of tbe securities of Margaret West, on ber bond, as executrix of Henry West, deceased.
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Ekrob to tbe Chancery Court of Lowndes. Tried before tbe Hon. J. W. Lesesne. Tbis bill was filed by Gayle & Bower, et al. against tbe plaintiffs in error, as executors de son tort of Jeremiab Watts, deceased, wbo was one of tbe securities of Margaret West, on ber bond, as executrix of Henry West, deceased. Tbe bill charges, that Gayle & Bower held a claim against tbe estate of said Henry West; that said estate was reported insolvent; that their claim against it was allowed by tbe Orphan’s Court, and a decree rendered in their favor against tbe administra-trix, for tbe amount; that tbe other…
1Opinion of the Court
GOLDTHWAITE, J.'
This is nolflcase where a creditor seeks to obtain satisfaction of his debmout of the property of the defendant which cannot be reached by an execution at law, in which case, the right of the creditor to obtain relief, depends upon the fact of his having first exhausted his legal remedies, without being able to obtain a' satisfaction of his judgment, (Hadden v. Spadder, 20 John. 554; Beck v. Burdett, 1 Paige, 388; Roper v. McCook, 7 Ala. 319.) Neither is it the main object of the bill, ¿¿“remove an obstacle which stands in the path of the complainant in enforcing a lien, in…
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