Lyon v. Hays' Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. James B. Clark. This bill was filed by Alexander Lyons, the appellant, to coerce payment out of the estate of George Hays, deceased, for services rendered by him, at the instance of Robert Leachman, a former administrator cum test, ann., in ditching the lands of the estate.
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Appeal from the Chancery Court of Greene. Heard before the Hon. James B. Clark. This bill was filed by Alexander Lyons, the appellant, to coerce payment out of the estate of George Hays, deceased, for services rendered by him, at the instance of Robert Leachman, a former administrator cum test, ann., in ditching the lands of the estate. The bill alleged, that the services rendered were valuable to the estate; that the plaintiff had obtained a judgment against said Leach-man, with a return of “no property” on an execution ; and that Lcachman had made a final settlement of his accounts as…
1Opinion of the CourtWalker, J.
We concur in the opinion expressed by the chancellor, that the complainant’s bill contains no equity. According to the decision in Jones v. Dawson, 19 Ala. 672, which we are not willing to overrule, one rendering services to a trust estate, under the employment of the trustee, has no redress against the trust, except to subject an equitable demand of the trustee to the payment of the debt. It may be that an administrator, who has contracted a liability, within the scope of his official authority, has an equitable right to retain out of the assets of the estate an amount sufficient to satisfy…
2Cases cited2 opinions
- Jones v. DawsonSupreme Court of Alabama · 1851
- McRae v. JuzanSupreme Court of Alabama · 1842
3Cited by6 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Mulhall v. WilliamsSupreme Court of Alabama · 1858
- Askew v. MyrickSupreme Court of Alabama · 1875
- Wade v. PopeSupreme Court of Alabama · 1870
- St. Joseph's Academy v. AugustiniSupreme Court of Alabama · 1876
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