Williams v. Hinkle
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Before the Hon. Nathan Cook. This was an action of debt, by plaintiff, against the defendants in error, on an administration bond, suggesting a devastavit.
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Error to the Circuit Court of Lowndes. Before the Hon. Nathan Cook. This was an action of debt, by plaintiff, against the defendants in error, on an administration bond, suggesting a devastavit. The facts, and errors assigned, sufficiently appear in the opinion delivered by the court. 1. The security of the administrator is bound for all the assets which 'come' to the hands of the administrator, and shouldnotbe allowed to plead anything which the administrator cannot, and therefore should not be allo wed to sever in his pleas. 2. Thé pleas are all sp'ecial, yet they amount to the general…
1Opinion of the Court
CHILTON, J.:This was .an action of debt, upon -an- administrator’s bond, against the administrator, and one. of his securities. The breach assigned, is, the non-payment, by the administrator, Hinkle, of 0708,. and cost, being the amount of a judgment recovered against him, as administrator of George Glark, by James H. Levwich & Co., for whose use .this suit is brought, in the circuit court of the United States holden at Mobile, Alabama, which judgment was to be levied de bonis inlestaiis, -in the hands of said Hinkle unad*716ministered. The plaintiff avers waste of the assets of the estate of the…
2Cases cited4 opinions
- Johnson v. WrenSupreme Court of Alabama · 1830
- Vance v. Wells & Co.Supreme Court of Alabama · 1845
- Oliver v. HearneSupreme Court of Alabama · 1842
- Quigley v. CampbellSupreme Court of Alabama · 1843
3Cited by6 opinions
- Duncan v. HargroveSupreme Court of Alabama · 1853
- Mahoney v. O'LearySupreme Court of Alabama · 1859
- Hicks v. BarrettSupreme Court of Alabama · 1866
- Lankford v. GreenSupreme Court of Alabama · 1878
- Godbold v. RobertsSupreme Court of Alabama · 1852
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