Kyle v. Mays
Supreme Court of Alabama
EreoR to the Circuit Court of Coosa. Tried before the Hon. JOHN D. PhelAN. This was an action of debt on an administrator’s bond against the plaintiff in error as tbe surety of William E. Hatchett, who was the administrator of Thomas Hatchett.
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EreoR to the Circuit Court of Coosa. Tried before the Hon. JOHN D. PhelAN. This was an action of debt on an administrator’s bond against the plaintiff in error as tbe surety of William E. Hatchett, who was the administrator of Thomas Hatchett. The declaration alleges the appointment of said William E. Hatchett as administrator, the execution of the bond sued on, a final settlement of the estate, and a decree thereon rendered directing said administrator to pay “to the legal representative of David Gr. W. L. Hatchett,” for whose use this suit is brought, a specified amount, as his distributive…
1Opinion of the Court
GOLDTHWAITE, JV
We decided in the case of Kyle v. Mays, use &c. of Pond, at the present term, that when a decree is rendered against an administrator, on a final settlement, in favor of a distributee, the failure to pay such decree amounted to a breach of the administration bond; and that an action could be maintained against the obligors, without the issue of execution on the decree, or a demand of the administrator.
The difficulty, however, in the present case, is, that the decree was rendered in favor of “ the legal representative ” of the distributee, without naming such representative; and…
2Cases cited2 opinions
- Turner Adm'r v. Dupree's Adm'rSupreme Court of Alabama · 1851
- Joseph v. Legatees of JosephSupreme Court of Alabama · 1843
3Cited by2 opinions
- Hays v. CockrellSupreme Court of Alabama · 1867
- Preston v. DunnSupreme Court of Alabama · 1854