Dangaix v. Lunsford
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. James J. Banks. On June 1, 1895, the clerk of the circuit court of Jefferson county,'Alabama, issued an execution, directed to the sheriff, reciting that there had been issued from his said court an execution dated May 8, 1895, against Susan Lunsford, as the executrix of the estate of George Lunsford, deceased, which execution had been returned “No property found in my county, ” and that execution now issues…
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Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. James J. Banks. On June 1, 1895, the clerk of the circuit court of Jefferson county,'Alabama, issued an execution, directed to the sheriff, reciting that there had been issued from his said court an execution dated May 8, 1895, against Susan Lunsford, as the executrix of the estate of George Lunsford, deceased, which execution had been returned “No property found in my county, ” and that execution now issues against Susan Lunsford individually upon her goods, lands, tenements, etc.; then follows the usual form of execution in…
1Opinion of the CourtHaralson, J.
1. Section 2278 of the Code provides that “When any judgment is rendered in the circuit court against any executor or administrator as such, and an execution thereon has been returned ‘no property’ by the sheriff or other officer of the county in which such judgment was rendered, an execution may issue against the executor or administrator personally, *406to be levied on Ms goods and chattels, lands and tenements.” Whenever these conditions exist, they are conclusive on the administrator or executor of the amount due and owing by him, and of a sufficiency of assets to pay the same. — Grace v.…
2Cases cited10 opinions
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Banks v. SpeersSupreme Court of Alabama · 1892
- Schuessler v. DudleySupreme Court of Alabama · 1886
- McLaren v. AndersonSupreme Court of Alabama · 1886
- Meredith v. HolmesSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Boyte v. PerkinsSupreme Court of Alabama · 1924
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
- Erlenbach v. CoxSupreme Court of Alabama · 1921
- Nichols v. RaschSupreme Court of Alabama · 1903
- Kimball v. Cunningham Hardware Co.Supreme Court of Alabama · 1918
4 more not listed; retrieve them via the Exa API.