United Brethren v. Akin
Oregon Supreme Court
From Benton: James W. Hamilton, Judge. This is an action by the United Brethren First Church of Eugene against J. L. Akin and the sureties on his official bond as an executor to recover the amount decreed by the probate court as due on its claim against the estate of which Akin had charge. Further facts appear in the opinion. There was a judgment for plaintiff and defendants appeal.
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From Benton: James W. Hamilton, Judge. This is an action by the United Brethren First Church of Eugene against J. L. Akin and the sureties on his official bond as an executor to recover the amount decreed by the probate court as due on its claim against the estate of which Akin had charge. Further facts appear in the opinion. There was a judgment for plaintiff and defendants appeal. I. We contend that the sureties on the executor’s bond are not liable for the personal debt of the executor to the deceased where it appears that they had no personal knowledge of its existence at the time of…
1Opinion of the CourtJustice Bean
1. This is an action by the United Brethren First Church, of Epgene, a creditor of the estate of Peter W. and Hannah R. Mason, deceased, against J. L. Akin, as executor of such estate, and the sureties on his official bond, to recover the amount due plaintiff under the decree of final settlement and distribution. Akin was indebted to the estate in the sum of $830 and interest on a promissory note executed and delivered by him to Peter W. *250Mason in his lifetime. At the time of his appointment as executor he was insolvent, and has ever since so continued, and is unable to pay the note. He was,…
2Cases cited15 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Stovall v. BanksSupreme Court of the United States · 1871
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Greer v. McNealSupreme Court of Oklahoma · 1901
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3Cited by11 opinions
- State v. OsborneOregon Supreme Court · 1909
- McEwen v. FletcherSupreme Court of Iowa · 1914
- In re Marks' EstateOregon Supreme Court · 1916
- King v. MurrayMassachusetts Supreme Judicial Court · 1934
- Knowles v. KasiskaIdaho Supreme Court · 1928
6 more not listed; retrieve them via the Exa API.