Andrews' Heirs v. Brown's Adm'r
Supreme Court of Alabama
Eeroe to tbe Chancery Court of Mobile. Heard before tbe Hon. J. W. Leseske. .•Tbe original bill in tbis ease was filed by Tbos. Gr. Brown, as surviving partner of tbe firm of E. L. Andrews & Co., of Mobile, against tbe heirs and administrators of the deceased partners, to obtain tbe control of certain stock and real estate standing in tbe name of E. L. Andrews or of E. L. & Z. Andrews, for tbe purpose of paying tbe debts of tbe firm.
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Eeroe to tbe Chancery Court of Mobile. Heard before tbe Hon. J. W. Leseske. .•Tbe original bill in tbis ease was filed by Tbos. Gr. Brown, as surviving partner of tbe firm of E. L. Andrews & Co., of Mobile, against tbe heirs and administrators of the deceased partners, to obtain tbe control of certain stock and real estate standing in tbe name of E. L. Andrews or of E. L. & Z. Andrews, for tbe purpose of paying tbe debts of tbe firm. Tbe bill alleges, that said firm of E. L. Andrews & Co. was composed of E. L. Andrews, Zuligman Andrews and tbe complainant, and was formed on the 1st June,…
1Opinion of the CourtDaegan, C. J.
— When a partnership is dissolved by the death of one or more of the partners, the legal title to all the personal property and choses in action belonging to the firm becomes vested exclusively in the survivor: not, indeed, for his own peculiar benefit, but for the purpose of paying the debts, and then dividing the nett balance amongst those entitled, giving to the representatives of the deceased partner the same interest he would have taken, had he been in life, and the firm had been dissolved, not by death, but by mutual consent. But, as respects real property, the case is different at law;…
2Cases cited1 opinion
- Delmonico v. GuillaumeNew York Court of Chancery · 1845
3Cited by34 opinions
- Shanks v. KleinSupreme Court of the United States · 1881
- Butts v. CooperSupreme Court of Alabama · 1907
- Sanger Bros. v. Heirs of MoodyTexas Supreme Court · 1883
- Lang's Heirs v. WaringSupreme Court of Alabama · 1854
- Hatchett v. BlantonSupreme Court of Alabama · 1882
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