Ouchita National Bank v. Fulton
Supreme Court of Alabama
Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stiles. Proceedings in the estate of Henry W. Eggler on the claim of L. A. Pulton, contested by the Ouehita National Bank. From a judgment sustaining demurrers to the contest and dismissing it, the Bank appeals.
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Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stiles. Proceedings in the estate of Henry W. Eggler on the claim of L. A. Pulton, contested by the Ouehita National Bank. From a judgment sustaining demurrers to the contest and dismissing it, the Bank appeals. L. A. Fulton recovered judgment before insolvency was declared against the estate of Henry W. Eggler, in a suit against the administrator, which judgment was duly certified, and lodged with the probate court as a claim against the administrator de bonis non before insolvency of the said estate. The appellant, Ouehita…
1Opinion of the CourtAnderson, C. J.
It has no doubt been the law in this state, and may be yet, except as provided by statutes hereafter noticed, that a judgment against an administrator in chief was not conclusive against an administrator de bonis non. — Brothers v. Gunnels, 110 Ala. 437, 18 South. 3; Graves v. Flowers, 51 Ala. 402, 23 Am. Rep. 552; Martin v. Ellerbe, 70 Ala. 341. We have statutes, however, regulating judgments against insolvent estates and providing for the payment of same. Section 2795 of the Code of 1907 provides for the payment of a judgment obtained under section 2794; that is, judgments obtained after…
2Cases cited3 opinions
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Graves's Administrator v. FlowersSupreme Court of Alabama · 1874
- Woodall v. WrightSupreme Court of Alabama · 1904
3Cited by5 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Cashion v. TorbertSupreme Court of Alabama · 2003
- Holmes v. HolmesSupreme Court of Alabama · 1923
- Fulton v. EgglerSupreme Court of Alabama · 1917
- Schulhoefer v. FultonSupreme Court of Alabama · 1919