Gayle v. Elliott
Supreme Court of Alabama
Error to the Circuit Court of Clarke. This was an action of debt at the suit of the defendant in error, on a bill single executed by the plaintiff ’s testator on the 25th March, 1841, for the payment of $1,054 75, one day after date.
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Error to the Circuit Court of Clarke. This was an action of debt at the suit of the defendant in error, on a bill single executed by the plaintiff ’s testator on the 25th March, 1841, for the payment of $1,054 75, one day after date. The defendant below pleaded — 1. Nil debit. 2. The statute of limitations. 8. That since last term of the court, to wit, in January, 1846, he applied to the judge of the orphans’ court of Clarke, to make a final settlement of his administration, and to be discharged; that he thereupon tendered his resignation as administrator, &c. which was accepted, and the…
1Opinion of the CourtCollier, C. J.
The act of 1821 authorizes an executor, administrator or guardian, to “ resign his or her authority;” but provides, that “in such case, he, she, or they, and his, her or their securities, shall be bound for all the assets or effects, which shall not have been duly administered or applied, or shall not be delivered to their successors respectively.” [Clay’s Dig. 222, § 9.] Under this statute, and in conformity to the decisions at common law, we have held that “no administrator or executor, can by resignation of his *269authority, avoid any liabilities imposed on him by law; and that he can only be…
2Cited by9 opinions
- Lee v. LeeSupreme Court of Alabama · 1876
- Matthews v. DouthittSupreme Court of Alabama · 1855
- Dunham v. GrantSupreme Court of Alabama · 1847
- Brown v. TutwilerSupreme Court of Alabama · 1878
- Lowery v. DanielSupreme Court of Alabama · 1893
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