Wray's Adm'rs v. Furniss
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Wad® Keyes. This bill was filed by Wm. II. Rives, and Sarah Jane, his wife, as administrator and administratrix of Philip A. Wray, deceased, against Abram Martin, as administrator of Henry F. Slatter, deceased, and Henry Furniss.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Wad® Keyes. This bill was filed by Wm. II. Rives, and Sarah Jane, his wife, as administrator and administratrix of Philip A. Wray, deceased, against Abram Martin, as administrator of Henry F. Slatter, deceased, and Henry Furniss. The original bill alleged, that on or about the 13th November, 1848, said Wray purchased from said Slatter four lots in the city of Montgomery, “known as lots number fifteen, sixteen, and seventeen on the south side of Washington street, and lot number nine on the east side of Lawrence street”, at…
1Opinion of the CourtChilton, C. J.
The kill shows that the lots, to which there is a failure of title, constitute the consideration of the notes held by Martin as the personal representative of Slatter ; that he has obtained a judgment, and the amount will be collected out of the estate of Wray, unless enjoined ; that Slatter’s estate is insolvent, and if it is allowed to collect the judgment, the estate of Wray must lose the demand existing against the estate of Slatter. It further shows, that the defence now insisted upon could not have been set up at law to prevent a recovery upon the notes. It may readily be conceded,…
2Cases cited5 opinions
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Donelson's Adm'rs v. PoseySupreme Court of Alabama · 1848
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