Dunlap v. Newman
Supreme Court of Alabama
Appeal from tbe Chancery Court of Clarke. Heard before the Hon. A. W. Dillard. This was a bill in equity exhibited by Joseph T. Dunlap, in his own right, against the heirs-at-law of Thomas Boroughs, deceased, and sought to subject the estate of said Boroughs, “ which was in the custody and control” of defendants, his children and heirs-at-law, to the payment of a note given by said Thomas Boroughs to said Dunlap, as administrator of Bryan Boroughs, in payment of property…
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Appeal from tbe Chancery Court of Clarke. Heard before the Hon. A. W. Dillard. This was a bill in equity exhibited by Joseph T. Dunlap, in his own right, against the heirs-at-law of Thomas Boroughs, deceased, and sought to subject the estate of said Boroughs, “ which was in the custody and control” of defendants, his children and heirs-at-law, to the payment of a note given by said Thomas Boroughs to said Dunlap, as administrator of Bryan Boroughs, in payment of property purchased by said Thomas at a sale of the effects of said Bryan, on 3d of January, 1855, said Dunlap having been charged…
1Opinion of the CourtPeck, C. J.
As, on the complainant’s final settlement of the estate of Bryan Boroughs in North Carolina, he was charged with, and accounted 'for, the promissbry note of Thomas Boroughs, described in and made an exhibit to the bill of complaint, the note became his property, and thereby he became a creditor of said Thomas Boroughs, and might have maintained an action on the said note in his own name. — Tompkies et al. v. Reynolds, 17 Ala. 109; Waldrop v. Pearson et al., 42 Ala. 636.
2. On the death of said Thomas Boroughs in Alabama, his estate, real and personal, became a fund for the payment of said…
2Cases cited4 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
- Coleman v. HolmesSupreme Court of Alabama · 1870
- Waldrop v. PearsonSupreme Court of Alabama · 1868
3Cited by4 opinions
- Bogan v. HamiltonSupreme Court of Alabama · 1890
- Leach v. GraySupreme Court of Alabama · 1917
- Cameron v. CameronSupreme Court of Alabama · 1886
- Winfrey v. ClarkeSupreme Court of Alabama · 1894