Davis' Executors v. Cathey
Supreme Court of Alabama
Ransom Davis and Pekson Davis, executors of William Davis, deceased, sued out a writ in debt in the Circuit Court of Dallas county, against Samuel G. Norris, Alexander Cathey, Tilman Hitt, and Matthew M‘CIellan, to recover on a bond made by them the 1st July, 1822, in the penalty of $605, payable to Joseph Graham, sheriff of Dallas county, and by him assigned to the plaintiffs as executors ; with condition that, “ whereas the said Norris had been charged and taken in custody…
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Ransom Davis and Pekson Davis, executors of William Davis, deceased, sued out a writ in debt in the Circuit Court of Dallas county, against Samuel G. Norris, Alexander Cathey, Tilman Hitt, and Matthew M‘CIellan, to recover on a bond made by them the 1st July, 1822, in the penalty of $605, payable to Joseph Graham, sheriff of Dallas county, and by him assigned to the plaintiffs as executors ; with condition that, “ whereas the said Norris had been charged and taken in custody by said sheriff, on a ca. sa. issued against him and others at the suit of said William Davis ; and had applied for the…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the Court.
Whethek we apply this demurrer to the plea or carry it back to the declaration, it is obvious that the point presented for our consideration is' simply this, whether the fraudulent act of the debtor in not rendering a true schedule of his property to the Judge, before whom he took the oath of insolvency, and obtained a discharge under the provisions of the act of 1821, a can subject his security to suit upon the bond, when the latter had no ■agency in the fraud? On the part of the plaintiff, it is urged that the security binds himself in such a…
2Cited by1 opinion
- Rust v. PaineSupreme Court of Alabama · 1849