Moses v. Clark
Supreme Court of Alabama
Tried before Hon. J. McOaleb Wiley. Appeal from Circuit Court of Barbour. The appellant was the plaintiff in a suit for the collection of a promissory note, which the appellee made in favor of Shorter and Baker, the executors of the will of Milton A. Browder, deceased. The consideration was property bought by him at a sale of the personal property of the estate by the executors, under an order of the probate court.
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Tried before Hon. J. McOaleb Wiley. Appeal from Circuit Court of Barbour. The appellant was the plaintiff in a suit for the collection of a promissory note, which the appellee made in favor of Shorter and Baker, the executors of the will of Milton A. Browder, deceased. The consideration was property bought by him at a sale of the personal property of the estate by the executors, under an order of the probate court. The defendant pleaded that the plaintiff was not the owner of the note. The evidence showed that the above named executors endorsed the note to the executor of Mrs. Browder in…
1Opinion of the CourtB. F. Saffold, J.
The plaintiff was entitled to recover if the judgment would protect the defendant against any demand that might be set up in behalf of M. A. Browder’s estate. No representative, distributee or creditor of that estate could regain from him the property purchased. If sued by any of them, in any form, the facts shown in the bill of exceptions would be a defense to the suit.
The estate of Browder had received an equivalent, and plaintiff was not bound to see that the executors committed no devastavit.
The judgment is reversed and the cause remanded.
2Cited by2 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Clark v. MosesSupreme Court of Alabama · 1874