Rives v. Elinn
Supreme Court of Alabama
Appeal from Chancery Court of Montgomery. Heard before Hon. Adam C. Eelder. This was a bill in equity, filed by the appellant, as heir-at-law and distributee of the estate of Mary A. Rives, de ceased, against the sureties of her administrator, and against one Flinn, administrator of Bozeman, who had administered upon said Rives’ estate, praying that Bozeman’s administration be finally settled in the chancery court, and that on such settlement decree be rendered in favor of…
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Appeal from Chancery Court of Montgomery. Heard before Hon. Adam C. Eelder. This was a bill in equity, filed by the appellant, as heir-at-law and distributee of the estate of Mary A. Rives, de ceased, against the sureties of her administrator, and against one Flinn, administrator of Bozeman, who had administered upon said Rives’ estate, praying that Bozeman’s administration be finally settled in the chancery court, and that on such settlement decree be rendered in favor of complainant for his proper distributive share of said estate. It appears from the bill, which was filed October 6,1870,…
1Opinion of the CourtB. E. Saeeold, J.
The bill is filed by the appellant, as the heir and distributee of the estate of Mary A. Rives, against the sureties of her administrator, Bozeman, for a final settlement of his administration in the chancery *491court. By agreement of the counsel for both parties, the single question is presented for our consideration whether the sureties are protected against the account by the statute of limitations of six years in favor of the sureties of executors, administrators, guardians, &c. — Revised Code, § 2901, ¶ 6.
The bill charges that Bozeman was appointed administrator in 1857. He received…
2Cases cited1 opinion
- Ward v. YongeSupreme Court of Alabama · 1871
3Cited by6 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Evans v. EvansSupreme Court of Alabama · 1917
- Wright v. LangSupreme Court of Alabama · 1880
- Adams v. JonesSupreme Court of Alabama · 1880
- Jones v. FellowsSupreme Court of Alabama · 1877
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