Heydenfeldt v. Towns
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. This bill was filed by Solomon Heydenfeldt, the appellant, against William Towns and the heirs-at-law of Benjamin Young, deceased, and alleged, in substance, these facts : That said Benjamin Young, at the time of Ms death, in July, 1841, was justly indebted to complainant in a large amount; that letters of administration were granted on his estate, in November, 1841, by the Orphans’ Court of…
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Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. This bill was filed by Solomon Heydenfeldt, the appellant, against William Towns and the heirs-at-law of Benjamin Young, deceased, and alleged, in substance, these facts : That said Benjamin Young, at the time of Ms death, in July, 1841, was justly indebted to complainant in a large amount; that letters of administration were granted on his estate, in November, 1841, by the Orphans’ Court of Tallapoosa county, in which county he resided at the time of his death, to one John R. Slaughter ; that said…
1Opinion of the CourtGoldthwaite, J.
The bill was dismissed by the chancellor, on the ground, that the allowance of the claim of the plaintiff against the estate of Young, by the commissioners appointed by the judge of the Orphans’ Court, and its confirmation by that court, was not evidence of his being a creditor, so as to allow him to pursue the lands of the intestate in the possession of a fraudulent vendee. It may be true, that a judgment rendered according to the course of proceedings of the common law, against the executor or administrator, is not evidence against the heir or devisee, so as to charge the lands of the…
2Cases cited10 opinions
- Hill v. TuckerSupreme Court of the United States · 1852
- Watts v. GayleSupreme Court of Alabama · 1852
- Underhill v. DennisNew York Court of Chancery · 1841
- State ex rel. Claunch v. CastleberrySupreme Court of Alabama · 1853
- Clarke v. WestSupreme Court of Alabama · 1843
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Matter of RyersNew York Court of Appeals · 1878
- Forest Coal Co. v. DoolittleWest Virginia Supreme Court · 1903
- State Ex Rel. Miller v. AldridgeSupreme Court of Alabama · 1925
- Newcome v. LightTexas Supreme Court · 1882
- Salm v. StateSupreme Court of Alabama · 1889
16 more not listed; retrieve them via the Exa API.