Borland v. Phillips
Supreme Court of Alabama
Error to the Chancery Court at Monroeville. THIS! was a bill in Chancery, filed by the plaintiff in error, to subject the lands of Joseph Phillips, in the hands of his de-visees and others, to the payment of a debt alleged to be due from him to the complainant.
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Error to the Chancery Court at Monroeville. THIS! was a bill in Chancery, filed by the plaintiff in error, to subject the lands of Joseph Phillips, in the hands of his de-visees and others, to the payment of a debt alleged to be due from him to the complainant. The record is very voluminous, but need not be recited, as the case turned on a single point, the sufficiency of the proof to establish the debt alleged to be due from the deceased, and which is described at' length in the opinion of the Court. upon the point on which the cause turned, insisted that the judgment obtained at law by the…
1Opinion of the CourtOrmond, J.
This bill was filed by the complainant, in the year 1826, to subject the lands of Joseph Philips, deceased, in the hands of his heirs and devisees, to the payment of a debt due from him to the complainant, upon the ground, that by his will, the deceased had charged his lands with the payment of his debts.
In the year 1833, a final decree was made in favor of the com*720plainant, from which the defendants appealed to this Court, by which the decree was reversed, and the cause remanded for further proceedings. See the case reported, 3 Porter, 9, by the name of Darrington v. Borland.
By the decision…
2Cases cited1 opinion
- Darrington v. BorlandSupreme Court of Alabama · 1836
3Cited by3 opinions
- Sellers v. StateSupreme Court of Alabama · 1909
- Bank of Montgomery v. Plannett's Adm'rSupreme Court of Alabama · 1861
- Sandford v. OchtalomiSupreme Court of Alabama · 1853