Scott v. Ware
Supreme Court of Alabama
Appeal from tbe Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. The original bill in this case was filed on tbe 1st September, 1873, by George S. Scott, as a creditor of Robert J. "Ware, deceased, on bebalf of himself and all other creditors who might come in and make themselves parties, against Hubert T. Ware, as executor, and individually as one of the devisees under tbe will of the said Robert J. Ware, and the several other devisees; and sought to subject,…
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Appeal from tbe Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. The original bill in this case was filed on tbe 1st September, 1873, by George S. Scott, as a creditor of Robert J. "Ware, deceased, on bebalf of himself and all other creditors who might come in and make themselves parties, against Hubert T. Ware, as executor, and individually as one of the devisees under tbe will of the said Robert J. Ware, and the several other devisees; and sought to subject, to the payment of the complainants’ debts against said testator, the lands devised by him to tbe several defendants.…
1Opinion of the CourtBbickell, C. J.
[After stating the facts as above]— Before a creditor can obtain the assistance of a court of equity, to subject lands descended, or lands devised, to the satisfaction of his demand, he must have established his debt by a judgment at law, and exhausted his legal remedies; and there must be averment and proof of a want of personal assets, and of the insolvency of the personal representative, and the sureties on his bond, if any he has given.. — Darrington v. Borland, 3 Port. 9; Pike v. Searcy, 4 Port. 52; Ledyard v. Johnston, 16 Ala. 548. A court of equity has not *182original, inherent…
2Cases cited20 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Mooers v. WhiteNew York Court of Chancery · 1822
- Teague v. CorbittSupreme Court of Alabama · 1877
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
15 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Ware v. CurrySupreme Court of Alabama · 1880
- McCarthy v. McCarthySupreme Court of Alabama · 1883
- Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
- Glass v. GlassSupreme Court of Alabama · 1884
21 more not listed; retrieve them via the Exa API.