Maury's Adm'r v. Mason's Adm'r
Supreme Court of Alabama
Error to the Circuit court of Lawrence county, exercising chancery jurisdiction. Bill for discovery and relief, tried by Coleman, J. The bill was filed by the sheriii' of Lawrence county, who, ex virtvte q/JlcU, had been appointed administrator of the estate of Maury.
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Error to the Circuit court of Lawrence county, exercising chancery jurisdiction. Bill for discovery and relief, tried by Coleman, J. The bill was filed by the sheriii' of Lawrence county, who, ex virtvte q/JlcU, had been appointed administrator of the estate of Maury. The intestate had placed in the hands of Mason, in October, eighteen hundred and twenty-one, a large number of notes, bonds and accounts, amounting to more than nine thousand dollars, — who undertook and promised to collect them. Collections were made in specie, or in par or premium bank .notes, or in depreciated currency, at…
1Opinion of the CourtGoldthwaite, J.
— The decree of the Circuit court, dismissing the bill, is predicated on the supposition, that the statute of limitations presents a complete defence, and the plaintiff in error has assumed several positions to convince us that this decree cannot be supported. These positions will be severally noticed.
1. It is said the notes and other evidences of debt, deposited with Mason (the defendant’s intestate,) for collection, were assigned to him, to enable him to collect ¡the monies due thereon, and thus a direct trust’ was created, which it is contended cannot be barred by the statute of…
2Cases cited8 opinions
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
- James v. M'KernonNew York Supreme Court · 1810
- Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
- Kip v. Bank of New-YorkNew York Supreme Court · 1813
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3Cited by48 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Johnson v. JohnsonSupreme Court of Alabama · 1843
- McDowell v. JonesSupreme Court of Alabama · 1877
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Johnston v. GlasscockSupreme Court of Alabama · 1841
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