Perkins v. Moore
Supreme Court of Alabama
Error to the Circuit Court of Tuskaloosa County, Tried before Hon. John D. Phelan. Debt by the defendant against the plaintiff in error. The declaration alleges, that the plaintiff in error, with Edward.
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Error to the Circuit Court of Tuskaloosa County, Tried before Hon. John D. Phelan. Debt by the defendant against the plaintiff in error. The declaration alleges, that the plaintiff in error, with Edward. B. Elliott, Thompson Windham, Enoch Elliott and William Y. Clover, executed their writing obligatory as follows; “ Know all men by these presents that we, Edward B. Elliott and Thompson Windham, as executors of John Spencer,. Hardin Perkins and Enoch Elliott, as securities for Edward B. Elliott, and. John Cummins and William Y. Glover, as securities for Thompson Windham,, are held and firmly…
1Opinion of the CourtDargan, J.
We consider it settled by the decisions of this court, that a legatee or distributee may sue the executor or administrator and his securities on the bond, to ‘recover a legacy or distributive share after a final settlement of the estate has been made in the Orphans’ Court, and the amount due to such legatee or distributee ascertained by the decree of the court and ordered to be paid. Judge of the County Court of Madison v. Looney, et. al. 2 Stew. & Por. 70; Judge of the County Court of Limestone v. French, 3 Stew. & Por. 263; Same v. Coalter, 3 do. 348. And when we reflect that the Orphans’…
2Cases cited1 opinion
- Townsend v. EverettSupreme Court of Alabama · 1843
3Cited by24 opinions
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Morrow v. WoodSupreme Court of Alabama · 1876
- Haas v. TaylorSupreme Court of Alabama · 1886
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
- Rixey's Executors v. CommonwealthSupreme Court of Virginia · 1919
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