Street v. Henry
Supreme Court of Alabama
Appeal from Marshall Chancery Court. Heard before Hon. W. II. Simpson. The case is stated in the opinion. It need only be further stated thát the partial settlement of James II.
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Appeal from Marshall Chancery Court. Heard before Hon. W. II. Simpson. The case is stated in the opinion. It need only be further stated thát the partial settlement of James II. Moore, upon which reliance is placed to take this case out of the doctrine of stale demand, accrued in 1873. — When complainant shows a recognition of the trust within twenty years, the burden of proving staleness is shifted to the party asserting it. — Phillipi v. Phillipi, 61 Ala. 41; Bercy v. Lavretta, 63 Ala. 374; Ridgway v. McAlpine, 31 Ala. 458; Harrison v. Heflin, 54 Ala. 552. (2). Mere lapse of time is but one…
1Opinion of the CourtHaralson, J.
— The original bill was filed in this case, on the 31st August, 1892, by Henry D. Jacobs, as administrator de bonis non of Simon Jacobs, against Andrew J. McDonald, as administrator of the estate of James IT. Moore deceased, who was the administrator in chief of said Simon Jacobs deceased, and against Albert G. Henry as surety on the bond of said Moore in his administration on said Jacobs’ estate, the object of the bill being, to require McDonald, as administrator of Moore, to settle Moore’s administration on said Jacobs’ estate, and for a decree against him as such administrator and against…
2Cases cited6 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Rives v. MorrisSupreme Court of Alabama · 1895
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Jones v. Ritter's Adm'rSupreme Court of Alabama · 1876
- Browder v. FaulknerSupreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Salmon v. WynnSupreme Court of Alabama · 1907
- In Re Estate of GreenDistrict of Columbia Court of Appeals · 2003
- Presley v. WeakleySupreme Court of Alabama · 1902
- U. S. Fidelity & Guaranty Co. v. PittmanSupreme Court of Alabama · 1913
- Lamar v. RiversSupreme Court of Alabama · 1937
3 more not listed; retrieve them via the Exa API.