Little v. Knox
Supreme Court of Alabama
Error to the County Court of Sumter. Before the Hon. Preston G. Nash. It appears by a bill of exceptions in this case, that the plaintiffs in error sued out a supersedeas against the defendant, in which they allege, that on the 27th day of April, 1840, Eleanor Knox and Hiram Steele were appointed administratrix and administrator on the estate of John C. Knox, dec’d, and gave bond with said plaintiffs as their securities, conditioned as the law requires : that the said…
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Error to the County Court of Sumter. Before the Hon. Preston G. Nash. It appears by a bill of exceptions in this case, that the plaintiffs in error sued out a supersedeas against the defendant, in which they allege, that on the 27th day of April, 1840, Eleanor Knox and Hiram Steele were appointed administratrix and administrator on the estate of John C. Knox, dec’d, and gave bond with said plaintiffs as their securities, conditioned as the law requires : that the said Eleanor and Hiram thereupon undertook the administration of said estate, and re-v turned an inventory, appraisement, &c.: that…
1Opinion of the CourtDargan, J.
It is contended, that the decree against Steele, alone, on which.execution was issued, and returned. *579no property, does authorize an execution against the joint securities of the administrators, for the reason, that by joining in a joint bond, they become liable for the acts of each other, and both are bound to protect the securities, against the acts of each.
The bond, however, is not before us, and we cannot pronounce an opinion upon its legal effect. It may however be said, that the authorities referred to by the plaintiffs counsel, show, that if co-administrators join in a joint bond, they…
2Cases cited4 opinions
- Elliott v. MayfieldSupreme Court of Alabama · 1842
- Babcock v. HubbardSupreme Court of Connecticut · 1818
- Westmoreland v. HaleSupreme Court of Alabama · 1847
- Graham v. ChandlerSupreme Court of Alabama · 1848
3Cited by4 opinions
- Kavanaugh v. ThompsonSupreme Court of Alabama · 1849
- Williams v. HarrisonSupreme Court of Alabama · 1851
- Commissioners Court v. State ex rel. BowlingSupreme Court of Alabama · 1907
- Little v. HeardSupreme Court of Alabama · 1849