Dugger v. Tayloe
Supreme Court of Alabama
Appeal from the Chancery Court of Hale. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 31st October, 1873, by Hobart C. Dugger and Mrs. Alice Y. Sprague, who sued by her husband as her next friend, two of the children and heirs-at-law of Henry Dugger, deceased; against Henry A. Tayloe, Willis P. Bocock, and Bobert L. Maupin; and against Mrs. Alice G. Dugger, the widow of said decedent, who was sued individually, and as administratrix of the…
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Appeal from the Chancery Court of Hale. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 31st October, 1873, by Hobart C. Dugger and Mrs. Alice Y. Sprague, who sued by her husband as her next friend, two of the children and heirs-at-law of Henry Dugger, deceased; against Henry A. Tayloe, Willis P. Bocock, and Bobert L. Maupin; and against Mrs. Alice G. Dugger, the widow of said decedent, who was sued individually, and as administratrix of the estate of John W. Dugger, one of their children, and as guardian of the complainants; and against the other surviving…
1Opinion of the CourtBrickell, C. J.
The general rule in a court of equity is, that neither creditors, nor distributees, nor legatees, can maintain a bill against debtors of an estate, to subject debts they may owe to the satisfaction of their demands. There is a want of privity between them and the debtors, and it would introduce confusion' in the administration of the assets, and displace the power of the personal representative. There are exceptions to the rule; as where there is collusion between the debtors and the personal representative; or where be is insolvent, and there is just apprehension of loss, if he is permitted…
2Cases cited9 opinions
- Hollingsworth v. BarbourSupreme Court of the United States · 1830
- Eslava v. LepretreSupreme Court of Alabama · 1852
- McCurry v. HooperSupreme Court of Alabama · 1848
- David Shriver Junior's Lessee v. Mary LynnSupreme Court of the United States · 1844
- Lamar v. GunterSupreme Court of Alabama · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Mudd v. LanierSupreme Court of Alabama · 1945
- Young v. PowellCourt of Appeals for the Fifth Circuit · 1950
- Riley v. BradleySupreme Court of Alabama · 1948
- Tayloe v. DuggerSupreme Court of Alabama · 1880
- Tecumseh National Bank v. McGeeNebraska Supreme Court · 1901
14 more not listed; retrieve them via the Exa API.