Hendricks v. Thornton
Supreme Court of Alabama
Appeal from Circuit Court of Bullock. Tried before Hon. J. MoCaleb Wiley. This was an action brought by the appellant, as executor of the estate of Thomas A. Thornton, deceased, against the appellee, Thornton.
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Appeal from Circuit Court of Bullock. Tried before Hon. J. MoCaleb Wiley. This was an action brought by the appellant, as executor of the estate of Thomas A. Thornton, deceased, against the appellee, Thornton. The original complaint, in the form given in the Revised Code, contained three counts, based on as many promissory notes, made by the appellee, Thornton; one of the notes being payable “ to the estate of T. A. Thornton, deceased,” and the other two payable “ to the estate of T. A. Thornton, or bearer.” The court sustained a demurrer to each count of the complaint, and plaintiff…
1Opinion of the CourtB. F. Saffold, J.
The important issue between the parties to this suit is, whether an executor can maintain a suit at law against one who was his co-executor, but who had been removed before the commencement of the suit, to recover the purchase-money of property bought by the latter executor, at a joint sale made by them, the payment of which became due before his removal.
It is very clear that one executor or administrator is not accountable to his co-administrators for assets or property of the estate which have come into his hands; and also that an executor and his sureties are liable for the price of…
2Cases cited1 opinion
- Chandler v. ShehanSupreme Court of Alabama · 1845
3Cited by5 opinions
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- Langley v. LangleySupreme Court of Alabama · 1898
- Stern v. EichbergAppellate Court of Illinois · 1899