Legal Opinion

Miller v. Irby's Adm'r

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 26 opinions

Appeal from the Circuit Court of Wilcox. Tried before the Hon. John K. Henry. This action was brought by Joseph N. Miller, as administrator de bonis non of the estate of Elizabeth E. Irby, deceased, against Lucy T. Irby, as the administratrix de bonis non of the estate of Christopher P. Irby, deceased; and was commenced on the 18th May, 1876. The action was founded on a promissory note for $6,00(3, executed by the defendant’s intestate, payable to the plaintiff’s intesta-te,…

Read the full summary

Appeal from the Circuit Court of Wilcox. Tried before the Hon. John K. Henry. This action was brought by Joseph N. Miller, as administrator de bonis non of the estate of Elizabeth E. Irby, deceased, against Lucy T. Irby, as the administratrix de bonis non of the estate of Christopher P. Irby, deceased; and was commenced on the 18th May, 1876. The action was founded on a promissory note for $6,00(3, executed by the defendant’s intestate, payable to the plaintiff’s intesta-te, or order, one day after date, with interest from date'; which was dated, at the top, March 16th, and at the bottom…

1Opinion of the Court

BBICKELL, O. J.

It is, in this court, a doctrine which ought to be regarded as familiar, and settled, that if the ' *482debtor to a testator, or to an intestate, takes probate of the will, and qualifies as executor, or obtains a grant of administration, the debt is extinguished. Incapable of suing himself ; divesting the contract of parties, an essential element to its origin and continuance; converting the debt, for all practical purposes, from a chose (or thing) in action, into a chose (or thing) in possession; by operation of law, the equivalent of a judgment and execution against himself,…

2Cases cited16 opinions

  1. Pearson v. DarringtonSupreme Court of Alabama · 1858
  2. Waring v. LewisSupreme Court of Alabama · 1875
  3. Chichester v. VassCourt of Appeals of Virginia · 1797
  4. Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
  5. Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864

11 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Hawes v. StateSupreme Court of Alabama · 1889
  2. Taylor v. CrookSupreme Court of Alabama · 1902
  3. Sampson v. FoxSupreme Court of Alabama · 1895
  4. Logan v. Central Iron & Coal Co.Supreme Court of Alabama · 1903
  5. Nelson v. MurfeeSupreme Court of Alabama · 1881

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API