Hughes v. Howell
Supreme Court of Alabama
Bill to Enforce Collection of Amount Due Complainant’s Estate From Respondent’s Estate, and to Subject Land to the Payment Thereof. Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Whiteside. Bill by B. I. Hughes, as administrator of the estate of T. F. Howell, deceased, against H. C. Howell and others. From a decree for defendants, complainant appeals.
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Bill to Enforce Collection of Amount Due Complainant’s Estate From Respondent’s Estate, and to Subject Land to the Payment Thereof. Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Whiteside. Bill by B. I. Hughes, as administrator of the estate of T. F. Howell, deceased, against H. C. Howell and others. From a decree for defendants, complainant appeals. The original bill in this canse was filed by B. I. Hughes, as administrator of the estate of T. F. Howell, and the heirs of T. F. Howell joined with him as parties, complainant. The executors and the heirs at law of George Howell,…
1Opinion of the CourtAnderson, J.
The manifest purpose of the bill, before and after amendment, was to enforce the collection of the sum that complainant’s intestate’s estate had to pay the bank for the benefit of the estate of George W. Howell, deceased, and to subject the land of the said estate to the payment thereof. The amendment seeks an equitable subrogation to the lien under the decree in favor of the Kirk heirs, which is but an incident to the collection of the debt, but subjecting the land to the payment of same, and the amendment was not a departure from the original bill. It appears from the bill that the money…
2Cases cited8 opinions
- Sanford v. McLeanNew York Court of Chancery · 1831
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Averill v. . TaylorNew York Court of Appeals · 1853
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Allen v. CaylorSupreme Court of Alabama · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Duke v. KilpatrickSupreme Court of Alabama · 1935
- Mutual Savings Life Ins. Co. v. MontgomerySupreme Court of Alabama · 1977
- City of Birmingham v. TerrellSupreme Court of Alabama · 1935
- Stowers v. WheatCourt of Appeals for the Fifth Circuit · 1935
- Gilbreath v. LeviSupreme Court of Alabama · 1959
4 more not listed; retrieve them via the Exa API.