Woodruff v. Winston
Supreme Court of Alabama
Appeal from the Probate Court of Sumter. In tbe matter of the insolvent estate of Turner Eeavis, deceased, on the trial of a contest as to the validity of a claim filed agamst said estate, in the name of “ J. A. Mooring, trustee.” The record does not show when said Reavis died, nor when his estate was declared insolvent.
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Appeal from the Probate Court of Sumter. In tbe matter of the insolvent estate of Turner Eeavis, deceased, on the trial of a contest as to the validity of a claim filed agamst said estate, in the name of “ J. A. Mooring, trustee.” The record does not show when said Reavis died, nor when his estate was declared insolvent. The claim was filed on the 17th March, 1874, and was thus described in its entry on the book of claims in the office of the probate judge : “Date — January 13, 14, 15,1868. Description of claim — Account McMahon's sale. On' whose account filed — Jonathan Bliss. To whom…
1Opinion of the CourtBrickell, C. J.
The claim, or rather the statement of it, filed in the Court of Probate, taken in connection with the affidavit accompanying and verifying it, indicates very clearly the nature of the demand — an account for projDerty purchased by the intestate in Ms life, and that it was due and payable to Mooring as trustee. Whatever may be the form or evidence of claim filed in the Court of Probate, as a claim against an insolvent estate, it is sufficient, if, taken in connection with the affidavits verifying it, a prima facie existing liability to the party on whose behalf it is asserted is shown.…
2Cases cited4 opinions
- Godbold v. Blair & Co.Supreme Court of Alabama · 1855
- Thornton v. MooreSupreme Court of Alabama · 1878
- Brasher v. LyleSupreme Court of Alabama · 1848
- Askew v. WeissingerSupreme Court of Alabama · 1844
3Cited by4 opinions
- St. Paul Fire & Marine Ins. Co. v. JohnsonSupreme Court of Alabama · 1951
- First Nat. Bank of Mobile v. LartigueSupreme Court of Alabama · 1937
- Quarnberg v. City of ChamberlainSouth Dakota Supreme Court · 1912
- Christopher v. StewartSupreme Court of Alabama · 1901