Williams v. Stoutz
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Tnos. W. Coleman. The bill in this case was filed by the appellant, Price Williams, Jr., in his official capacity as probate judge of Mobile County, against George Stoutz, as administrator of one Hulsebusch, deceased, and against Thomas M. LeBaron and William Stoutz, as sureties on the bond of the said administrator; and sought to compel a discovery by them of assets in their hands liable to the claim of…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Tnos. W. Coleman. The bill in this case was filed by the appellant, Price Williams, Jr., in his official capacity as probate judge of Mobile County, against George Stoutz, as administrator of one Hulsebusch, deceased, and against Thomas M. LeBaron and William Stoutz, as sureties on the bond of the said administrator; and sought to compel a discovery by them of assets in their hands liable to the claim of distributees of said Hulsebusch, and also to subject certain real estaie, in which one of the sureties had an interest, to the…
1Opinion of the CourtMcOLELLAN, J.
We concur with the chancellor that a probate judge, to whom an administration bond is payable, is not, upon a breach thereof, “the person aggrieved,” within the meaning of section 2575 of the Code; and that while he may sue for such breach, his right to do so results from the fact that he is payee in the instrument, and not upon any consideration that he is the injured party, or a creditor of the obligors therein; and not being a creditor he can not maintain *518u bill against the obligors for discovery and appropriation to the satisfaction of the breach of their property. — Code, §§ 8545-6-7;…
2Cases cited5 opinions
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Morrow v. WoodSupreme Court of Alabama · 1876
- Lawson v. WarrenSupreme Court of Alabama · 1889
- Amason v. NashSupreme Court of Alabama · 1854
- McCullough v. JonesSupreme Court of Alabama · 1890
3Cited by1 opinion
- Cook v. New York Condensed Milk Co.Supreme Court of Alabama · 1892