Legal Opinion

Martin v. Tally

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 15 opinions

Aiteax from tlie Probate Court .of Jackson. Tried before the lion W. L. MabtiN, Register in Chancery, ■sitting fro hue vice for the Probate Judge,"who was disqualified by interest.

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Aiteax from tlie Probate Court .of Jackson. Tried before the lion W. L. MabtiN, Register in Chancery, ■sitting fro hue vice for the Probate Judge,"who was disqualified by interest. In the matter of a petition filed in said Probate Court on the 16th September, 1882, by J. F. Martin, William B. ICeeble, George W. R. Larkin, William R. Larkin, and John Compton, seeking to supersede and quash an execution which had been issued against them from said Probate Court, on the 1st August, 1882, as sureties on official bonds given by James M. Buchanan, as administrator of the estate of Winfield S.…

1Opinion of the CourtStone, J.

In August, 1861, Winfield ,S. Mason died intestate, a resident of Jackson county, Alabama. In March, 1862, Frances S. Mason and James M. Buchanan were appointed administrators of his estate, and gave bond, with Wm. B. Iveeble and Johnson F. Martin as their sureties. Mrs. Frances *28.13. Mason died in 1863, and no settlement of her administration was ever bad. It is not shown she had any separate administration account. Buchanan continued in the administration. In March, 1863, after the death of Mrs. Mason, the judge of probate, of his own motion, required Buchanan, the administrator, to give an…

2Cases cited11 opinions

  1. Fretwell v. McLemoreSupreme Court of Alabama · 1875
  2. Florentine v. BartonSupreme Court of the United States · 1865
  3. Garrett v. GarrettSupreme Court of Alabama · 1881
  4. Broughton v. BradleySupreme Court of Alabama · 1859
  5. Wright v. LangSupreme Court of Alabama · 1880

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3Cited by15 opinions

  1. Evans v. EvansSupreme Court of Alabama · 1917
  2. Peters v. Tuell Dairy Co.Supreme Court of Alabama · 1948
  3. Meyer v. BarthWisconsin Supreme Court · 1897
  4. Howell & Graves, Inc. v. CurrySupreme Court of Alabama · 1941
  5. Johnson v. CookSupreme Court of Alabama · 1883

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