Bigelow v. Administrators of Bigelow
Ohio Supreme Court
This case was adjourned here for decision from the county of Ticking. It was an action of covenant, and the material facts of the case are as follow: On April 26, 1815, Oliver Bigelow sold to Elihu Bigelow, a tract of land, and covenants in writing were entered into, by which Oliver Bigelow agreed to convey the land, and Elihu Bigelow agreed to pay Oliver the purchase money, in installments of two hundred dollars on demand, and two hundred dollars yearly, from -the date of…
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This case was adjourned here for decision from the county of Ticking. It was an action of covenant, and the material facts of the case are as follow: On April 26, 1815, Oliver Bigelow sold to Elihu Bigelow, a tract of land, and covenants in writing were entered into, by which Oliver Bigelow agreed to convey the land, and Elihu Bigelow agreed to pay Oliver the purchase money, in installments of two hundred dollars on demand, and two hundred dollars yearly, from -the date of the article, until the whole was paid. During the lifetime of Oliver Bigelow, several payments were made, and indorsed on…
1Opinion of the Court
*By the Court :
The first question made is, whether the appointment of a debtor *135administrator extinguishes the debt, and eo instanti turns it into assets.
Secondly. If the debt is only Suspended, whether the application for a deed by the administrator to himself, as obligor, and an order granted, destroy the right of action on tho bond.
In this case, it appears that during the lifetime of Oliver and Elihu Bigelow, they entered into articles of agreement, by which Oliver covenanted, upon the payment of a certain sum of money by Elihu, to execute a conveyance for a tract of land therein spoci-,…
2Cases cited1 opinion
- Perkins v. FairfieldMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Salyer v. State ex rel. TynerIndiana Supreme Court · 1854
- Smith v. RauhOhio Circuit Courts · 1910