Jackson v. Wood
Supreme Court of Alabama
Appel from Talladega Probate Court. Tried before Hon. G. K. Miller. On December 13th, 1893, the appellee, Susan Wood, as executrix of the will of her deceased husband, John H. L. Wood, filed her accounts and vouchers for a final settlement of her administration, the estate having been previously declared insolvent. Upon such settlements, the appellant and certain other creditors of the estate objected to the following credits claimed by the executrix.
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Appel from Talladega Probate Court. Tried before Hon. G. K. Miller. On December 13th, 1893, the appellee, Susan Wood, as executrix of the will of her deceased husband, John H. L. Wood, filed her accounts and vouchers for a final settlement of her administration, the estate having been previously declared insolvent. Upon such settlements, the appellant and certain other creditors of the estate objected to the following credits claimed by the executrix. First; two hundred and fifty dollars paid to Frank Wood, all the evidence bearing upon this credit, was to the effect that by a joint note, the…
1Opinion of the CourtMcOLELLAN, J.
On the principle that when two names are signed to a note the prima facie presumption is that the subscribers’ are co-makers and equally bound, the probate court erred in allowing the executrix credit for the sum of two hundred and fifty dollars which, having been paid by Frank Wood on a note for five hundred dollars signed by the testator and himself, she refunded to said Frank Wood, (2 Daniel on negotiable instruments 1336 ; Summerhill v. Tapp, 52 Ala. 277), in the absence of proof that the parties were not comakers.
The credit claimed by the executrix for payment made to M. T. Singleton for…
2Cases cited6 opinions
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Shelton v. CarpenterSupreme Court of Alabama · 1877
- McDonald v. CarnesSupreme Court of Alabama · 1890
- Hearrin v. SavageSupreme Court of Alabama · 1849
- Jenks v. TerrellSupreme Court of Alabama · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. PittsSupreme Court of Alabama · 1910
- J. R. Raible Co. v. City Bank & Trust Co.Alabama Court of Appeals · 1927
- Gladstone v. Bank of Commerce & Trust Co.Massachusetts Supreme Judicial Court · 1932
- Holczstein v. Bessemer Trust & Savings BankSupreme Court of Alabama · 1931