McDowell v. Jones
Supreme Court of Alabama
Appeal from the Chancery Court of Wilcox. Heard before Hon. ChaRles Tueneb. The original bill in this cause was filed on tbe 6th day of March, 1873, by the appellee, E. N. Jones, as administrator de bonis non with the will annexed of Charles Satterwhite, deceased, against the appellant, John R. McDowell, as administrator of the estate of D. 0. Sellers, and numerous other parties.
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Appeal from the Chancery Court of Wilcox. Heard before Hon. ChaRles Tueneb. The original bill in this cause was filed on tbe 6th day of March, 1873, by the appellee, E. N. Jones, as administrator de bonis non with the will annexed of Charles Satterwhite, deceased, against the appellant, John R. McDowell, as administrator of the estate of D. 0. Sellers, and numerous other parties. Its main purpose was the removal of the administration of tbie estate of Satterwhite into the Chancery Court, and its final settlement there, and in connection therewith, the settlement of the administrations of E.…
1Opinion of the CourtBbiokell, C. J.
The demand preferred by the bill against the intestate of the appellant, is founded exclusively on his suretyship on the bond of the administrators with the will annexed of Charles Satterwhite, deceased. Independent of that bond, and the breaches of its condition, by the de-vastavit imputed to the principals, there is no equity averred to charge the intestate of the appellant. The claim is then matter of contract strictly, and the liability of the intestate to answer to it, is absolute, not contingent.. — Pratt v. Northam, 5 Mason, 95. There is no claim arising from a breach of contract, not…
2Cases cited19 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
- Coltart v. AllenSupreme Court of Alabama · 1866
- Johnston v. GlasscockSupreme Court of Alabama · 1841
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3Cited by38 opinions
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- Allen v. KellamSupreme Court of Alabama · 1881
- Carr v. Illinois Central R. R.Supreme Court of Alabama · 1912
- Yniestra v. TarletonSupreme Court of Alabama · 1880
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