Kimball v. Moody
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. James B. ClaRK. This bill was filed by Franklin G. Kimball, the appellant, as administrator de bonis non of John C. Sims, deceased, against Washington Moody, the appellee, as administrator de bonis non, cum testamento annexo, of Edward Sims, deceased.
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Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. James B. ClaRK. This bill was filed by Franklin G. Kimball, the appellant, as administrator de bonis non of John C. Sims, deceased, against Washington Moody, the appellee, as administrator de bonis non, cum testamento annexo, of Edward Sims, deceased. It alleged, in substance, that said John C. Sims departed this life sometime before the first day of January, 1831, intestate, and leaving a considerable real and personal estate; that one Aaron Ready, before the first day of February thereafter, was duly appointed the…
1Opinion of the Court
CHILTON, 0. J.-
According to the English doctrine, if a debtor makes his creditor, or the executor of his creditor, his executor, this alone is no extinguishment of the debt, though there be the same hand to receive and to pay ; yet, if the executor has assets of the debtor, it is an extinguishment, for the reason, that the person to receive is the same person who ought to pay the money. — Woodward v. Lord Darcy, 1 Plow. 185 ; Fryer v. Gildridge, Hob. 10 ; Williams on Executors, 943. The extinguishment of the debt is upon the supposition that the creditor has assets which he may lawfully…
2Cases cited4 opinions
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Hitchcock v. LukensSupreme Court of Alabama · 1838
- Page v. LloydSupreme Court of the United States · 1831
- Strickland v. BurnsSupreme Court of Alabama · 1848
3Cited by4 opinions
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Byrd v. JonesSupreme Court of Alabama · 1887
- Glenn v. GlennSupreme Court of Alabama · 1868
- Knight v. Blanton's HeirsSupreme Court of Alabama · 1874