Elliott v. Mayfield
Supreme Court of Alabama
EreoR to the County Court of Tuscaloosa. This was a petition for a supersedeas to an execution issued from the Orphans5 Court of Tuscaloosa, by the defendants against the plaintiffs in error, which was dismissed by the Court.
Read the full summary
EreoR to the County Court of Tuscaloosa. This was a petition for a supersedeas to an execution issued from the Orphans5 Court of Tuscaloosa, by the defendants against the plaintiffs in error, which was dismissed by the Court. The record discloses that the last will and testament of John Spencer was admitted to probate on the 24th January, 1827, by which he appointed William M. Marr, Edward B. Elliott and Thompson Windham his executors — that oh the same day Elliott and Windham entered into the following bond : “ Know all men by these presents, that we, Edward B. Elliott and Thompson Windham,…
1Opinion of the CourtOrmond, J.
The counsel for the plaintiff in error, maintain that the bond, which is the foundation of this proceeding, was executed by the plaintiffs in error, with two other persons as joint sureties of both the executors of John Spencer, and that *422-, the execution should have issued agaiust all the sureties and not against the plaintiffs in error only.
The language of the bond is, “ Know all men by these presents, that we, Edward B. Elliott and Thompson Windham, executors of John Spencer, Hardin Perkins and Enoch Elliott, as securities for Edward B. Elliott, and William Glover and John Cummings as…
2Cases cited3 opinions
- Calder v. BullSupreme Court of the United States · 1798
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Boyce v. HolmesSupreme Court of Alabama · 1841
3Cited by14 opinions
- Reed v. BrunsonSupreme Court of Alabama · 1988
- Grand International Brotherhood of Locomotive Engineers v. GreenSupreme Court of Alabama · 1923
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Rogers v. StateAlabama Court of Appeals · 1919
- Gravett v. MaloneSupreme Court of Alabama · 1875
9 more not listed; retrieve them via the Exa API.