Walls & Wire v. Grigsby
Supreme Court of Alabama
Appeal from the Probate Court of Limestone. This was a proceeding for final settlement of his accounts, in the probate court of Limestone county, between E. W. Grigsby, surviving administrator of the estate of Amos B. Murrah, deceased, and the heirs and distributees of said estate, among whom were John W. Walls, and Nancy, his wife, formerly Nancy Murrah, daughter of the decedent, the appellants in this case.
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Appeal from the Probate Court of Limestone. This was a proceeding for final settlement of his accounts, in the probate court of Limestone county, between E. W. Grigsby, surviving administrator of the estate of Amos B. Murrah, deceased, and the heirs and distributees of said estate, among whom were John W. Walls, and Nancy, his wife, formerly Nancy Murrah, daughter of the decedent, the appellants in this case. On said final settlement,Grigsby, the administrator, asked to be allowed a credit for a note for $3,294.13, made by the firm of W. P. Tanner & Co., and payable to the administrators of…
1Opinion of the CourtA. J. Walker, C. J.
It was unquestionably the duty of the administrator, Grigsby, to take two sufficient sureties on the notes given for the crop of cotton sold by him, on a credit, to W. P. Tanner & Co., and he is responsible for the loss resulting from his failure to do so, unless he is exempted from the operation of a general principle for some reason apparent in the case. — Revised Code of Alabama, §§ 2073, (1750,) 2077, (1752.)
The excuse for the omission to take security required by law set up, is, that it was done with the assent of the distributees of the estate. Walls and wife (the latter being a…
2Cases cited5 opinions
- Colbert v. DanielSupreme Court of Alabama · 1858
- Steele v. AdamsSupreme Court of Alabama · 1852
- McKleroy v. TulaneSupreme Court of Alabama · 1859
- Traun v. KeifferSupreme Court of Alabama · 1857
- Hopper v. McWhorterSupreme Court of Alabama · 1850
3Cited by6 opinions
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- May v. GreenSupreme Court of Alabama · 1883
- Eubank v. ClarkSupreme Court of Alabama · 1884
- May v. DukeSupreme Court of Alabama · 1878
- James v. FaulkSupreme Court of Alabama · 1875
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