Whitfield v. Woolf
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. James Q. Smith. This action was brought by Gaius Whitfield against Henry A. Woolf and Willis P. King, as the executors of the last will and testament of William King, deceased; was founded on a promissory note for $5,400, executed by said William King and one Richard Jones (who was not sued), dated May 22, 1860, and payable on the 1st June, 1861, to said plaintiff or order; and was commenced on the 4th…
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Appeal from the Circuit Court of Marengo. Tried before the Hon. James Q. Smith. This action was brought by Gaius Whitfield against Henry A. Woolf and Willis P. King, as the executors of the last will and testament of William King, deceased; was founded on a promissory note for $5,400, executed by said William King and one Richard Jones (who was not sued), dated May 22, 1860, and payable on the 1st June, 1861, to said plaintiff or order; and was commenced on the 4th September, 1866. Willis P. King, one of the defendants, made no defence, and judgment by default was entered against him. Henry…
1Opinion of the CourtBrickell, J.
We shall not pass on the demurrer to the sixth plea, as the counsel for the appellant, in the argument he has submitted, asserts the ruling of the court on that demurrer to be of no practical consequence, because the facts of the case are fully presented by the replication to that plea, *206to which a demurrer was sustained, and by the seventh plea, to which a demurrer was overruled.
If the sixth plea can be regarded as presenting a defence to the action, the replication was a full and complete answer to it. The primary duty of an executor is the payment of the debts of the testator. This duty…
2Cases cited10 opinions
- Douglass v. SatterleeNew York Supreme Court · 1814
- Edmonds v. CrenshawSupreme Court of the United States · 1840
- Thrash v. SumwaltSupreme Court of Alabama · 1843
- Commonwealth v. RicksSupreme Court of Virginia · 1845
- Skinner v. FriersonSupreme Court of Alabama · 1846
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3Cited by2 opinions
- Eastburn v. CanizasSupreme Court of Alabama · 1915
- Odom v. MooreSupreme Court of Alabama · 1906