Powe v. Executors of Tyson
Supreme Court of Alabama
Error to the Orphans’ Court of Wilcox. 1. This claim could not have been filed by these parties within six months after the declaration of insolvency; because it did not accrue to them until they had paid it, and if it was filed within six months after its accrual to them, it is clearly within the spirit and equity of the statute to allow it. The contract of a principal to a note, or other obligation, is of a twofold character.
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Error to the Orphans’ Court of Wilcox. 1. This claim could not have been filed by these parties within six months after the declaration of insolvency; because it did not accrue to them until they had paid it, and if it was filed within six months after its accrual to them, it is clearly within the spirit and equity of the statute to allow it. The contract of a principal to a note, or other obligation, is of a twofold character. With the creditor he engages to perform his contract, and with his sureties by implication, that he will indemnify them against any loss they may sustain. on his…
1Opinion of the CourtDargan, J.
Upon the final settlement of the estate of A. K. Smith, which had been duly declared insolvent, Wm. Harris and John B. Twitty, executors of Tyson, presented a claim, against the estate for' money paid by them as executors, to the Branch Bank at-Mobile,.on a note to which their testator was the security of Smith, the intestate-. To this claim the plaintiff in error objected, because it had not been filed with the clerk of the county court, within six months after the estate was declared insolvent. The proof shows, that Tyson was the security of Smith, and the defendants in error, as the…
2Cited by3 opinions
- Harrison v. MockSupreme Court of Alabama · 1849
- Evans v. EvansSupreme Court of Alabama · 1849
- Henry v. Black's Adm'rsSupreme Court of Alabama · 1854