Bartlett v. McRae
Supreme Court of Alabama
Weit of error to the Circuit Court of Mobile. This was a motion to quash an execution upon the following state of facts, which appear by bill of exceptions. It was admitted that a judgment was rendered against the defendant in error, as the surviving partner of McRae & Lang, for a partnership debt; that an execution was issued thereon and returned “no property found” as to part.
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Weit of error to the Circuit Court of Mobile. This was a motion to quash an execution upon the following state of facts, which appear by bill of exceptions. It was admitted that a judgment was rendered against the defendant in error, as the surviving partner of McRae & Lang, for a partnership debt; that an execution was issued thereon and returned “no property found” as to part. Upon this return, the plaintiffs commenced suit under the statute against Catherine Lang, as the administratrix of the deceased copartner, and recovered a judgment against her as such; and, thereupon,she paid the…
1Opinion of the CourtCollier, C. J.
It has been frequently said that the death, of one partner, terminates the partnership as to future dealings; yet the rights, duties, powers and authorities of the survivors remain, so far as may be necessary to enable them to wind up and settle the firm. One of the consequences of a dissolution thus effected is, that the personal representatives of the deceased become tenants in common with the survivors of the partnership property and effects in possession. As to the dioses in action, and other rights of action, at law they belong to the survivors, who possess the exclusive right to reduce…
2Cases cited1 opinion
- Grigsby's ex. v. NanceSupreme Court of Alabama · 1842
3Cited by10 opinions
- Zimmerman v. GaumerIndiana Supreme Court · 1899
- Montgomery v. VickeryIndiana Supreme Court · 1887
- Smith v. HarrisonSupreme Court of Alabama · 1859
- Hogan v. ReynoldsSupreme Court of Alabama · 1852
- Kerr v. NicholasSupreme Court of Alabama · 1889
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