Horton v. Hill
Supreme Court of Alabama
Appeal from the Chancery Court of Pickens. Tried before the Hon. Trios. H. Smith. The bill in this case was filed by the appellee, Samuel H. I-Iill, as administrator of the estate of W. C. Stewart, against the appellant, Anna S. Horton and the other heirs of the estate of said Stewart.
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Appeal from the Chancery Court of Pickens. Tried before the Hon. Trios. H. Smith. The bill in this case was filed by the appellee, Samuel H. I-Iill, as administrator of the estate of W. C. Stewart, against the appellant, Anna S. Horton and the other heirs of the estate of said Stewart. The facts of the case as averred in the bill and shown by the evidence, are substantially as follows: W. C. Stewart died intestate on the 29th day of February, 1888, leaving a widow, Elizabeth Stewart, and the following four children: Anna, who afterwards married G. A. Horton, who is the appellant in this case;…
1Opinion of the CourtTyson, J.
The matter of controversy in this cause involves the right of the complainant as administrator to have certain debts which he claims to be due to him as an individual paid out of the appellant’s share of the proceeds of the real estate sold by him, for partition in his representative capacity under an order of the probate court. The order for the sale of the lands was obtained long after the debts sought ■ to he charged against the appellant were contracted. In other words, at the time they are asserted to have been made, the money, arising from the sale of the real estate, was not in the…
2Cases cited4 opinions
- Hollingsworth v. HillSupreme Court of Alabama · 1896
- Thompson v. HudginsSupreme Court of Alabama · 1896
- Strauss Pritz & Co. v. GlassSupreme Court of Alabama · 1895
- Campbell v. H. B. Claflin Co.Supreme Court of Alabama · 1902
3Cited by7 opinions
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- Hanchey v. PowellSupreme Court of Alabama · 1911
- Webb v. LamarSupreme Court of Alabama · 1938
- Garland v. First Nat. Bank of ScottsboroSupreme Court of Alabama · 1934
- Sims v. HesterSupreme Court of Alabama · 1934
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