Carrington & Co. v. Manning's Heirs
Supreme Court of Alabama
Error to the Chancery Court sitting at Huntsville. Before the Hon. D. G. Ligón, Chancellor. The bill was filed by the plaintiffs in error, who alledge, that they are creditors of B. M. Lowe, upon four several bonds of $6,000 each, and that one James Manning was a co-obligor, and surety upon said bonds. That judgments have been obtained against said Lowe on the bonds, and execution returned no property found.
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Error to the Chancery Court sitting at Huntsville. Before the Hon. D. G. Ligón, Chancellor. The bill was filed by the plaintiffs in error, who alledge, that they are creditors of B. M. Lowe, upon four several bonds of $6,000 each, and that one James Manning was a co-obligor, and surety upon said bonds. That judgments have been obtained against said Lowe on the bonds, and execution returned no property found. That Manning has departed this life, having on the 26th September, 1837, made his will duly attested, &c. which, among other clauses, contains the following: “ It is my will, that the…
1Opinion of the Court
COLLIER, G. J.
We do not deem it necessary elaborately to consider the doctrine, that a trust for the benefit of creditors, attaches to a devise of real estate, where the words “ after my debts are paid,” or other equivalent terms are used by the testator. This doctrine owes its introduction into *626British jurisprudence to the exclusion of simple-contract-creditors from the lands of their deceased debtors, as the means of satisfying their demands, and has often been carried to an extent not contemplated by the testators. Treating of this subject, an elementary writer of great respectability…
2Cases cited6 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
- Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
- Fenwick v. ChapmanSupreme Court of the United States · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Harris v. DouglasIllinois Supreme Court · 1872
- Hill v. DenCalifornia Supreme Court · 1879
- Estate of Boyd v. ThomasSupreme Court of Minnesota · 1925
- Starke v. WilsonSupreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.