Walker v. Mock's Administrator
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John K. Henbt. This action was brought by Thomas M. Williams, as the administrator de bonis non of the estate of Benjamin Mock, deceased, against Mrs. Eliza Walker; and was commenced on the 24th February, 1860. The complaint averred, that the money sought to be recovered was “due by account on the 18th February, 1856” ; also, “money had and received by the defendant, on the 18th February, 1856, for the use of…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John K. Henbt. This action was brought by Thomas M. Williams, as the administrator de bonis non of the estate of Benjamin Mock, deceased, against Mrs. Eliza Walker; and was commenced on the 24th February, 1860. The complaint averred, that the money sought to be recovered was “due by account on the 18th February, 1856” ; also, “money had and received by the defendant, on the 18th February, 1856, for the use of the plaintiff, as administrator as aforesaid” ; also, “money belonging to the estate of said Benjamin Mock, deceased, and…
1Opinion of the CourtPhelan, J.
This was an action for money bad and received. Tbe main facts of tbe case are these: David A. Steele, who was tbe administrator of tbe estate of Benjamin Mock, deceased, reported tbe estate as insolvent, and it was so declared or decreed by tbe probate court of Lowndes county. Among tbe claims filed against tbe estate was one for $1602 09, filed by tbe appellant, Eliza Walker. This was in tbe form of a judgment originally obtained by Emanuel & Gaines against Bobert Lowe, George Walker, and Benjamin Mock, tbe intestate of said Steele, administrator ; and was then tbe property of said Eliza…
2Cases cited2 opinions
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Middleton's Adm'r v. Maull's Adm'rSupreme Court of Alabama · 1849
3Cited by4 opinions
- Hine v. HusseySupreme Court of Alabama · 1871
- Youngblood v. YoungbloodSupreme Court of Alabama · 1875
- Turlington v. SlaughterSupreme Court of Alabama · 1875
- Pendry v. BrundridgeSupreme Court of Alabama · 1877