Phillips v. Brazeal
Supreme Court of Alabama
Error to the Orphans’ Court of Walker. On the 9th December, 1835, Morgan Brazeal was appointed administrator of George Brazeal, sen’r, and entered into the customary bond, with the plaintiffs in error as his sureties.
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Error to the Orphans’ Court of Walker. On the 9th December, 1835, Morgan Brazeal was appointed administrator of George Brazeal, sen’r, and entered into the customary bond, with the plaintiffs in error as his sureties. On the 22d March, 1836, Edward F. Brazeal was appointed co-administrator, and entered into bond with the same persons as his sureties. .Oo the 28th May, 1838, E. H. Hudson, one of the plaintiffs in error, applied to be released as surety, on these bonds, and a citation issued to both administrators, returnable to June term, 1838, and at that term, Morgan Brazeal gave a new bond,…
1Opinion of the CourtCollier, C. J.
It has been decided by this court, that the parties in whose favor executions are required to be issued by the act of 1830, on a decree of the orphans’ court, for the final settlement of the accounts of executors, administrators, and guardians, are, upon the return of “no property,” enti-*750tied to executions in their own names against the sureties of the defendant in the decree. Cawthorn v. Knight, 11 Ala. Rep. 579. And where an execution misrecites the amount of the judgment, an amendment has been allowed so as to make them agree. 1 Chit. Rep. 349; 2 T. Rep. 737; 5 Johns. Rep. 100. See also…
2Cases cited4 opinions
- Dumas & Co. v. PattersonSupreme Court of Alabama · 1846
- Governor v. RobbinsSupreme Court of Alabama · 1844
- People v. BrushNew York Supreme Court · 1831
- Cawthorn v. KnightSupreme Court of Alabama · 1847
3Cited by4 opinions
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Chilton v. ParksSupreme Court of Alabama · 1849
- State ex rel. Baird v. HullMississippi Supreme Court · 1876
- Beard v. RothUnited States Circuit Court · 1888