Baldwin v. Alexander
Supreme Court of Alabama
Appeal from Autauga Chancery Court. Heard before Hon. W. W. Whiteside. This was an action by Baldwin, et als., as sureties on the bond of the administrator against the distributees of the estate and their grantees, ■ seeking to have themselves subrogated to the rights of the administrators to have the land sold for the payment of a claim against the estate. The facts are sufficiently set forth in the opinion.
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Appeal from Autauga Chancery Court. Heard before Hon. W. W. Whiteside. This was an action by Baldwin, et als., as sureties on the bond of the administrator against the distributees of the estate and their grantees, ■ seeking to have themselves subrogated to the rights of the administrators to have the land sold for the payment of a claim against the estate. The facts are sufficiently set forth in the opinion. Demurrers were, interposed to the bill and a motion made to dismiss it for want of equity. The chancellor sustained the demurrers and granted the motion to dismiss, and from this decree,…
1Opinion of the CourtHaralson, J.
The real estate of a decedent, as is well understood on the death of the ancestor, descends instantly to the heir or devisee. At common law, the real estate was never subject to payment of the debts of the decedent. But this common law rule has been changed by statute in this state. The Code of 1896 (section 125) provides, that “all property of the decedent, except as otherwise provided, is charged with the payment of his debts, and, if necessary may be sold for that purpose;” but it is equally well understood that the lands do not become assets of the estate for the payment of debts, unless…
2Cases cited6 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Scott v. WareSupreme Court of Alabama · 1879
- Moore v. LesueurSupreme Court of Alabama · 1858
- Stovall v. ClaySupreme Court of Alabama · 1895
- Alexander v. FisherSupreme Court of Alabama · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Powell v. LabrySupreme Court of Alabama · 1923
- Foster v. FosterSupreme Court of Alabama · 1929
- Irwin v. IrwinSupreme Court of Alabama · 1933
- Birmingham Trust & Savings Co. v. HightowerSupreme Court of Alabama · 1936
- Baldwin v. AlexanderSupreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.