Spigener v. Farquhar
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. James W. Lapsley. This action was brought by A. B. Farquhar, against J. H. Spigener and Julia A. McDonald, as administrators of the estate of Thos. S. McDonald, deceased ; and sought to recover the balance due and unpaid on a promissory note signed by McDonald & Simms, of which firm said Thos. S. McDonald was alleged to have been a partner at the time of his death.
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Appeal from the Circuit Court of Coosa. Tried before the Hon. James W. Lapsley. This action was brought by A. B. Farquhar, against J. H. Spigener and Julia A. McDonald, as administrators of the estate of Thos. S. McDonald, deceased ; and sought to recover the balance due and unpaid on a promissory note signed by McDonald & Simms, of which firm said Thos. S. McDonald was alleged to have been a partner at the time of his death. Under the rulings of the court on the trial, there was a judgment on verdict for the plaintiff, for $3,280.69; besides costs; “for which,” as the judgment recites, “…
1Opinion of the CourtStone, C. J.
This suit is against administrators, on a contract, or contracts, made by their intestate. The judgment is, that plaintiffs recover, etc., to be levied of “ the goods and chattels, lands and tenements, belonging to, and of said estate of Thomas S. McDonald, deceased.” So far as the judgment condemns the lands and tenements” to be sold, it is a clerical error, and will be here amended by-striking out the words “lands and tenements ; and, as there is nothing in the other exceptions, the judgment, as amended, will be affirmed at the costs of appellant, but without damages. — Code of 1876, § 3946.
2Cited by2 opinions
- White v. HilbishSupreme Court of Alabama · 1968
- Taylor v. TaylorSupreme Court of Alabama · 1909