Page v. Bartlett
Supreme Court of Alabama
Appeal from the Chancery Court of Clay. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by the appellants against the appellees in the chancery court of Clay county, and prayed to have the administration of the estate of James E. Mayes, deceased, removed into the chancery court of Clay county, from the probate court of Talladega county and to hold the sureties on the administration bond of J. W. King, as administrator of James E. Mayes’ estate,…
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Appeal from the Chancery Court of Clay. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by the appellants against the appellees in the chancery court of Clay county, and prayed to have the administration of the estate of James E. Mayes, deceased, removed into the chancery court of Clay county, from the probate court of Talladega county and to hold the sureties on the administration bond of J. W. King, as administrator of James E. Mayes’ estate, responsible for an alleged devastavit. The original bill was filed on September 26, 1891, by James H. Page, as administrator of…
1Opinion of the CourtHaralson, J.
The commission of the alleged devastavit by J: AV. King, as administrator of J. E. Mayes’ estate, as set up in the bill, would constitute such a breach of his administration bond, as to make it an accrued claim against the estates of his .sureties on his bond, and put into operation the running of the statute of non-claim. — Glass v. Wolf’s Admr., 82 Ala. 281, 3 So. Rep. 11; Martin v. Ellerbe’s Admr., 70 Ala. 326; Taylor v. Robinson, 69 Ala 269; McDowell v. Jones, 58 Ala. 25.
2. The bill shows that James F. Martin, L. M. Bradley, Jos.D. McCann, Jas. L. Bunhill and Thos. Adams were the sureties…
2Cases cited12 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- McDowell v. JonesSupreme Court of Alabama · 1877
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Wright's Heirs v. WareSupreme Court of Alabama · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Sheffield v. StateCourt of Criminal Appeals of Alabama · 1997
- Bromberg v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Webb v. ButlerSupreme Court of Alabama · 1915
6 more not listed; retrieve them via the Exa API.