Probate Court for the District of Georgia v. Chandler
Supreme Court of Vermont
This was an action of debt on a probate bond, commenced in the county court, and came here upon exceptions taken by the defendant to the decision of the court below, sustaining the plaintiff’s demurrer to the defendants’ plea of the statute of limitations. A further statement of the case is incorporated into the opinion of the court. —The defendant contends, that this is virtually an action of covenant.
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This was an action of debt on a probate bond, commenced in the county court, and came here upon exceptions taken by the defendant to the decision of the court below, sustaining the plaintiff’s demurrer to the defendants’ plea of the statute of limitations. A further statement of the case is incorporated into the opinion of the court. —The defendant contends, that this is virtually an action of covenant. Any words in a deed, which show an agreement to do a thing, make a covenant. In order to constitute an express covenant, the law does not require any precise and technical language.—Comyn’s…
1Opinion of the Court
*113The opinion of the court was delivered by
Phelps, J.
This is an action of debt, upon a bond executed by the defendants to the probate court, conditioned, in the usual form, for the faithful execution, by one of the defendants, of the duties of administrator of the estate of B. Chandler, deceased. Judgment having been rendered, in pursuance of the statute, for the penalty of the bond, the prosecutor assigns as a breach of the bond, the non-payment of a debt due from the intestate to himself, which debt appears to have been duly allowed by the commissioners on the estate of Chandler, which was…
2Cases cited1 opinion
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
3Cited by2 opinions
- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
- Probate Court v. ChildSupreme Court of Vermont · 1878