Wilson v. Sergeant
Supreme Court of Alabama
Error to the Circuit Court of Franklin. Assumpsit by the defendant, against the plaintiff in error. Upon the.trial, as appears from a bill of exceptions, Sergeant, administrator of the estate of Edmund O’Reilly, paid to Wilson, adm’r de bonis non of the estate of P. O’Reilly, $2,296 87, in part discharge of a decree, which had been obtained in the orphans’ court of Franklin, in favor of the estate of the latter, against the estate of the former.
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Error to the Circuit Court of Franklin. Assumpsit by the defendant, against the plaintiff in error. Upon the.trial, as appears from a bill of exceptions, Sergeant, administrator of the estate of Edmund O’Reilly, paid to Wilson, adm’r de bonis non of the estate of P. O’Reilly, $2,296 87, in part discharge of a decree, which had been obtained in the orphans’ court of Franklin, in favor of the estate of the latter, against the estate of the former. Four days afterwards, Sergeant, ascertaining that he had not retained a sufficiency of the funds of the estate of E. O’Reilly, to pay his…
1Opinion of the CourtOrmond, J.
The principle which governs this case, is the one involved in the case of Yarbrough v. Wise, 5 Ala. 292 — that money paid by mistake, to an agent, or stakeholder,- may be recovered back, if he is notified of the mistake, before he pays it over to his principal. There is no pretence here that the money was paid out in the distribution of the assets, or in the payment of the debts of the estate, before the demand made by Sergeant, and upon the well established principles of law, he could not refuse to refund it.
The eharge moved for, assumes that if the money paid to the defendant, by the…
2Cases cited1 opinion
- Yarborough v. WiseSupreme Court of Alabama · 1843
3Cited by10 opinions
- Vincent v. RogersSupreme Court of Alabama · 1857
- Young & Son v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Jasper Trust Co. v. K. C., M. & B. R. R.Supreme Court of Alabama · 1892
- Davis v. OrmeSupreme Court of Alabama · 1860
- Russell v. RichardAlabama Court of Appeals · 1912
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