Adm'r of Spence v. Whitaker
Supreme Court of Alabama
Ct'jüs'Cioys a this cast:. Relative to the assignability of stock certificates, and of off-sets thereto. As to sales to a trustee, of the trust estat ■ Compensation to an acting trustee. This was a Chancery cause in Lawrence Circuit Court. The hill was filed by Joseph Spence, executor of John Spence, and the suit was revived in the name of Campbell, administrator.
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Ct'jüs'Cioys a this cast:. Relative to the assignability of stock certificates, and of off-sets thereto. As to sales to a trustee, of the trust estat ■ Compensation to an acting trustee. This was a Chancery cause in Lawrence Circuit Court. The hill was filed by Joseph Spence, executor of John Spence, and the suit was revived in the name of Campbell, administrator. The object of the bill was to effect a settlement and account of ' sundry transactions, in which Whitaker and others had been concerned as stokholders and trustees of the Court-land land company. s The bill 'stated,_ among other…
1Opinion of the CourtSaffold, C. J.
The facts, material to the enqui-ry, .according to the views we have taken of the case, present the following questions--the determination of which is considered sufficiently decisiveof the controversy.
1. Was Tilford’s debt due the trustees of the Couitland Company, admissible as a set-off in their favor, against the executor of John Spence, to whom Tilford had transferred his certificates of stock in the Company; or was there,error in the allowance thereof by the decree of the Circuit Court?
2. What was the effect of the sale of the six certificates of stock to Whitaker, while he acted as…
2Cases cited1 opinion
- Mandeville v. Union Bank of GeorgetownSupreme Court of the United States · 1815
3Cited by2 opinions
- Beebe v. RobinsonSupreme Court of Alabama · 1875
- Tuttle v. WaltonSupreme Court of Georgia · 1846