Perkins v. Lewis
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. J. Q. Loomis. The bill in this case was filed, in November, 1866, by William E. and Mary A. Lewis, Jacob and Margaret Dansby, and Bradley Eidgway, against William Perldns, as the sole surviving surety on the official bond of Moses Hubbard and John M. Bell, as executors of the last will and testament of Mrs. Eebeeca Bell, deceased; and sought to charge the defendant, as such surety, on account of the default of…
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Appeal from the Chancery Court of Greene. Heard before the Hon. J. Q. Loomis. The bill in this case was filed, in November, 1866, by William E. and Mary A. Lewis, Jacob and Margaret Dansby, and Bradley Eidgway, against William Perldns, as the sole surviving surety on the official bond of Moses Hubbard and John M. Bell, as executors of the last will and testament of Mrs. Eebeeca Bell, deceased; and sought to charge the defendant, as such surety, on account of the default of the said executors, in failing to pay over to the complainants their respective portions of the proceeds of sale of…
1Opinion of the CourtByrd, J.
The decree settling the rights of the parties was rendered upon consent, without prejudice to the demurrer of appellant. This relieves us from reviewing any questions, except those raised by the demurrer. The point upon which the case turns is as to the liability of appellant, as surety on the bond of the executors of the will of Rebecca Bell, deceased; and this involves the construction of the second clause of the will, which is as follows : [See the item quoted above.] It is contended on the one hand, that the devise to the executors, with a power of sale, imposed upon them the performance…
2Cases cited13 opinions
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Doe, Lessee of Lewis & Wife v. Mfarland & OthersSupreme Court of the United States · 1815
- Judson v. GibbonsNew York Supreme Court · 1830
- Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
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3Cited by13 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Whorton v. MoragneSupreme Court of Alabama · 1878
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
- Ex parte DicksonSupreme Court of Alabama · 1879
8 more not listed; retrieve them via the Exa API.