Reed's Adm'r v. Minell
Supreme Court of Alabama
Appeal from tlie Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by the appellees, on behalf of themselves and the other creditors of Oliver Reed, deceased, against the widow, heirs-at-law, and personal representative of said Reed; alleging, that said Reed died in 1838, being at the time indebted to them in a large amount; that in October, 1838, letters of administration on his estate were granted to Jiio.
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Appeal from tlie Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by the appellees, on behalf of themselves and the other creditors of Oliver Reed, deceased, against the widow, heirs-at-law, and personal representative of said Reed; alleging, that said Reed died in 1838, being at the time indebted to them in a large amount; that in October, 1838, letters of administration on his estate were granted to Jiio. W. T. Reed, as sheriff of the county, whose term of office expired in August, 1840; that the estate was reported insolvent in October, 1839, but no…
1Opinion of the Court
"WALKER, J.
We avoid discussing the question of the validity of the report and decree of insolvency, because that may be conceded to the* appellees without affecting the result. The effect of the declaration of insolvency, in 1839, was not to withdraw the claims of creditors from the jurisdiction of the common-law courts, under a subsequent administration: it was a defense available only to the administrator who made the report of insolvency.— Lambeth v. Garber, 6 Ala. 870; Cameron v. Clarke, Smith & Co., 11 Ala. 259; McLaughlin v. Nelms, 9 Ala. 925; McBroom v. McBroom, 19 Ala. 173.…
2Cases cited14 opinions
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3Cited by8 opinions
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