Skinner v. Bedell's Adm'r
Supreme Court of Alabama
[action for breach of title-bond.], Appeal from the Circuit Court of Perry. Tried before the Hon. E. W. Pettus. This action was brought by the administrator of David Skinner, deceased, and the administratrix of Francis Gibbs, deceased, against the administrator of Joseph B. Bedell, deceased; and the complaint, as amended, ivas as follows: “The plaintiffs, John Skinner,” &c., (describing them,) “claim of the defendant,” &c., (describing him,) “the sum of $5,000, with interest…
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[action for breach of title-bond.], Appeal from the Circuit Court of Perry. Tried before the Hon. E. W. Pettus. This action was brought by the administrator of David Skinner, deceased, and the administratrix of Francis Gibbs, deceased, against the administrator of Joseph B. Bedell, deceased; and the complaint, as amended, ivas as follows: “The plaintiffs, John Skinner,” &c., (describing them,) “claim of the defendant,” &c., (describing him,) “the sum of $5,000, with interest thereon, for the breaches of the condition of a bond, made by said Joseph B. Bedell, on the 10th of August, 1887,…
1Opinion of the CourtWalker, J.
English Brewer was the obligee of the bond sued upon, and assigned it to David Skinner and David Burks. David Burks assigned his interest to Francis A. Gibbs. Skinner and Gibbs both died before the commencement of the suit, and the administrators of the two are joined as plaintiffs. The question is, was the suit maintainable by the plaintiffs who brought the same.
By the Code, as well as by the pre-existing law in this State, the bond sued upon was capable of assignment, so as to invest the assignees with the legal title. — Code, § 1530; Clay’s Digest, 383, § 12; Brown v. Chambers, 12 Ala.…
2Cases cited8 opinions
- Garnett v. YoeSupreme Court of Alabama · 1849
- Gayle v. MartinSupreme Court of Alabama · 1842
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1812
- Allen v. GreeneSupreme Court of Alabama · 1851
- Boyd v. MartinSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Morrow v. WoodSupreme Court of Alabama · 1876
- Henley v. BushSupreme Court of Alabama · 1859
- Erswell v. FordSupreme Court of Alabama · 1921
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Gravlee v. WilliamsSupreme Court of Alabama · 1896
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