Raines' Adm'r v. Raines' Creditors
Supreme Court of Alabama
Appeal from the Probate Court of Henry. In tbe matter of the estate of Thomas Haines, deceased, which was reported insolvent by John J. Cassady, the administrator; which report was contested by the creditors of the estate. In the affidavit appended to the report, the administrator made oath “that the facts stated in the foregoing petition and report he believes to be true.”
Read the full summary
Appeal from the Probate Court of Henry. In tbe matter of the estate of Thomas Haines, deceased, which was reported insolvent by John J. Cassady, the administrator; which report was contested by the creditors of the estate. In the affidavit appended to the report, the administrator made oath “that the facts stated in the foregoing petition and report he believes to be true.” The issue was submitted to the decision of the court, without the intervention of a jury; and the evidence adduced on the trial, as set out in the bill of exceptions, was as follows : “Proof was made, on the part of the…
1Opinion of the CourtStone, J.
In excluding the evidence of admissions made by the intestate, to the effect that he was not a partner in the firm of the Oassadys, we think the probate *428court erred. At the time the admissions were made, they were probably against tbe interest of the intestate. If a controversy had sprung up, during the life of Mr. Baines, between him and the Cassadys; and the question had arisen, whether he, Baines, was a partner, those admissions would have been clearly competent evidence, if offered against Baines. The contesting creditors, in this case, can only subject to their debts whatever interest…
2Cases cited3 opinions
- Gaines v. HarvinSupreme Court of Alabama · 1851
- R. W. Smith & Co. v. Mallory's Ex'rSupreme Court of Alabama · 1854
- Frierson v. FriersonSupreme Court of Alabama · 1852
3Cited by4 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Hine v. HusseySupreme Court of Alabama · 1871
- West Point-Pepperell, Inc. v. BradshawDistrict Court, M.D. Alabama · 1974
- Abraham & Brother v. NunnSupreme Court of Alabama · 1868