Cunningham v. Lindsay
Supreme Court of Alabama
Contest of Claim filed against Insolvent Estate. Appeal from the Probate Court of Colbert. Tried before the lion. John A. Steele. In the matter of the insolvent estate of F. C. Vinson, de-. ceased, of which R. B. Lindsay was the administrator, and against which a claim was filed by W. Cunningham, as the administrator of the estate of Hugh C. Leckey, deceased, which claim was contested, in the name of the administrator, by the distributees of the estate.
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Contest of Claim filed against Insolvent Estate. Appeal from the Probate Court of Colbert. Tried before the lion. John A. Steele. In the matter of the insolvent estate of F. C. Vinson, de-. ceased, of which R. B. Lindsay was the administrator, and against which a claim was filed by W. Cunningham, as the administrator of the estate of Hugh C. Leckey, deceased, which claim was contested, in the name of the administrator, by the distributees of the estate. The estate of said Vinson was reported insolvent by said administrator on the 10th August, 1882, and was declared insolvent by the court on…
1Opinion of the CourtClopton, J.
Under the statutes prior to the act of 1843, the effect of the insolvency of an estate, judicially ascertained, *512was to transfer to the Orphans’ Court the exclusive jurisdiction of all claims against the estate, and to abate all suits on such claims against the personal representatives, pending at the time of the declaration of insolvency. — Edwards v. Gibbs, 11 Ala. 292. By the twelfth section of the act of 1843, which has been condensed and incorporated in the subsequent Codes, and is contained substantially in sections 2579 to 2581, inclusive, of the Code of 1876, a pending suit does not…
2Cases cited5 opinions
- Clark v. KnoxSupreme Court of Alabama · 1881
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Edwards v. GibbsSupreme Court of Alabama · 1847
- Thames v. HerbertSupreme Court of Alabama · 1878
- Pipkin v. HewlettSupreme Court of Alabama · 1850
3Cited by4 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- C. A. Stern & Co. v. CollierSupreme Court of Alabama · 1893
- Elliott v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1946