Milam v. Ragland
Supreme Court of Alabama
Appeal from the Court of Probate of Talladega. ON tbe final settlement by the appellee of bis administration on the estate of James W. Milam, deceased, to which he was cited by the appellant, who succeeded him as administrator de lords non, the court allowed him a credit for $849 55, 'and interest thereon, paid by him to the Huntsville Bank, on a note signed by. said James W. Milam, one William King, and himself, as joint makers, and refused to charge him with the sum of…
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Appeal from the Court of Probate of Talladega. ON tbe final settlement by the appellee of bis administration on the estate of James W. Milam, deceased, to which he was cited by the appellant, who succeeded him as administrator de lords non, the court allowed him a credit for $849 55, 'and interest thereon, paid by him to the Huntsville Bank, on a note signed by. said James W. Milam, one William King, and himself, as joint makers, and refused to charge him with the sum of $100, as cash on hand at the testator’s death; and these rulings of the court are now assigned for error. The evidence in…
1Opinion of the Court
LIGON, J. —
When this case was hero at a previous terra (10 Ala. 618), it was bold, that Bagland was entitled to retain out of the funds of the estate of Milam, in Lis hands as administrator, the entire sum paid by him (Bagland) on the note due to the Branch Bank at Huntsville; and when it was again here (19 Ala. 85), it was again held that he was entitled to do so.
1. It is contended, however, that the facts of the case, in relation to this item in his account as administrator, as presented by the present record, are very different from those in the records on which the decisions referred to…
2Cases cited2 opinions
- Milam v. RaglandSupreme Court of Alabama · 1851
- Ragland v. MilamSupreme Court of Alabama · 1846