Murphree v. Singleton
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery... Tried before the Hon. Pouter King. - This action was brought'by Mrs. Laura Singleton,against Gains B. Murphree, to recover damages for the conversion of a promissory note for $ 240, made ■ by Rush Elmore, dated the 8th November, 1861, and-payable, two years after date, to Martha Sims or order.
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Appeal from the Circuit Court of Montgomery... Tried before the Hon. Pouter King. - This action was brought'by Mrs. Laura Singleton,against Gains B. Murphree, to recover damages for the conversion of a promissory note for $ 240, made ■ by Rush Elmore, dated the 8th November, 1861, and-payable, two years after date, to Martha Sims or order. It was proved on the trial, as the bill of exceptions shows, that the payee of the note died in January, 1852, having bequeathed the note in controversy, with all her other personal property, notes and .accounts, to the plaintiff, whom she also appointed…
1Opinion of the CourtA. J. Walker, C. J.
-The first charge given by the court, is erroneous. In case of-a legacy bequeathed to an executor, where the two characters of executor and legatee are united in the same person,' the same rule prevails which governs in other cases — that there must be either an express or an implied assent to the legacy, before it can be regarded as severed from the estate, and vested in tbe legatee. — 2 Williams on Executors, 1184; 2 Lomax on Executors, 133 ; 1 Roper on Legacies, 849. The principle that the acceptance of a deed of trust by a creditor, when tbe conveyance is beneficial to him, will be…
2Cases cited1 opinion
- Walker v. Walker's DistributeesSupreme Court of Alabama · 1855
3Cited by5 opinions
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- Brunson v. BrooksSupreme Court of Alabama · 1880
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- Boyett v. PotterSupreme Court of Alabama · 1886