Presley v. Weakley
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The bill in'this cáse was filed by the appellant, Minnie Lacey Presley against the appellees'W. P. Hickman as administrator of the estate'of James J. Lacey, deceased, and R. F. Lacey, T. A. Lacey, and John W. Rardén, as sureties on the bond of said James J. Lacey, deceased, as guardian of the complainant, who was the daughter of said Jam.es J. Lacey, deceased.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The bill in'this cáse was filed by the appellant, Minnie Lacey Presley against the appellees'W. P. Hickman as administrator of the estate'of James J. Lacey, deceased, and R. F. Lacey, T. A. Lacey, and John W. Rardén, as sureties on the bond of said James J. Lacey, deceased, as guardian of the complainant, who was the daughter of said Jam.es J. Lacey, deceased. It was averred in the bill that prior to her marriage, the complainant was the daughter, of Janies J. Lacey, .deceased, and wasp .named Minnie Lacey;…
1Opinion of the CourtShabpe, J.
By section 279 of the Code six years is made a bar to “actions against the sureties of executors, administrators or guardians for any misfeasance or malfeasance whatever of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety.” This provision first became the law by adoption of the Code of 1852, *520prior to which there was no statutory bar- to actions of the kind mentioned. A settled principle prevailing before as well as since that enactment is that an action at law cannot be maintained against the surety on the bond of…
2Cases cited10 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Montgomery Light Co. v. LaheySupreme Court of Alabama · 1898
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- McDowell v. JonesSupreme Court of Alabama · 1877
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3Cited by10 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Courson v. TollisonSupreme Court of Alabama · 1933
- U. S. Fidelity & Guaranty Co. v. PittmanSupreme Court of Alabama · 1913
- Fidelity & Deposit Co. of Maryland v. HendrixSupreme Court of Alabama · 1927
- Cowan v. PerkinsSupreme Court of Alabama · 1926
5 more not listed; retrieve them via the Exa API.