Carrington & Co. v. Manning's Heirs
Supreme Court of Alabama
Error to the Chancery Court sitting at Huntsville. Before the Hon. D. G. Ligón, Chancellor. The bill was filed by the plaintiffs in error, who alledge, that they are creditors of B. M. Lowe, upon four several bonds of $6,000 each, and that one James Manning was a co-obligor, and surety upon said bonds. That judgments have been obtained against said Lowe on the bonds, and execution returned no property found.
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Error to the Chancery Court sitting at Huntsville. Before the Hon. D. G. Ligón, Chancellor. The bill was filed by the plaintiffs in error, who alledge, that they are creditors of B. M. Lowe, upon four several bonds of $6,000 each, and that one James Manning was a co-obligor, and surety upon said bonds. That judgments have been obtained against said Lowe on the bonds, and execution returned no property found. That Manning has departed this life, having on the 26th September, 1837, made his will duly attested, &c. which, among other clauses, contains the following: “ It is my will, that the…
1ConcurrenceChilton, J.
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I concur in affirming the decree of the chancellor, because, the language employed in the will, when construed with respect to the existing law of the land, creates no trust which, under the circumstances of this case, the court of ehaucery has jurisdiction to enforce.
I do not propose to enter into a discussion in support of the views I entertain, which do not accord with some of the conclusions attained in the opinion of the Chief Justice ; but will content myself by briefly stating them, so that my position may not be misunderstood, should similar questions again come before the court.
By…
2Cases cited1 opinion
- Schermerhorne v. SchermerhorneNew York Court of Chancery · 1822