Grimball v. Mastin
Supreme Court of Alabama
Bill in Equity for Foreclosxtre of Mortgage, given by Executors and Devisees for Debt of Testator. Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham.
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Bill in Equity for Foreclosxtre of Mortgage, given by Executors and Devisees for Debt of Testator. Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 27th November, 1882, by John Grimball, as the administrator of the estate of his'deceased wife, Mrs. Kate Moore Grimball, against James H. Mastín and others, as the executors of the last will and testament of Alexander Erskine, deceased, with the children and grand-children of said testator, who were interested in his estate as heirs and devisees; and sought, principally, to…
1Opinion of the CourtOlopton, J.
-A legal representative can not, without express power, by any act or contract, create a charge or liability against the estate he represents; nor can he, by payment, promise, or admission, suspend the operation of the statute of limitations, or remove its bar, so as to keep alive or revive a charge on lands descended or devised; nor waive, or in any manner displace, the bar of the statute of non-claim. These general propositions are not controverted. The contestation is as to their applicability to those defendants who joined in the execution of the mortgage, and to the aspect of the bill…
2Cases cited11 opinions
- Lawrence v. McCalmontSupreme Court of the United States · 1844
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Ex parte HarrisSupreme Court of Alabama · 1875
- Bolling v. MunchusSupreme Court of Alabama · 1880
- Vance v. Wells & Co.Supreme Court of Alabama · 1845
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Farris v. StoutzSupreme Court of Alabama · 1884
- Whitfield v. HatchSupreme Court of Alabama · 1937
- Chapman v. BarnesSupreme Court of Alabama · 1890
- McCollum v. McCollumSupreme Court of Alabama · 1928
2 more not listed; retrieve them via the Exa API.