Waters v. Creagh
Supreme Court of Alabama
In this case, which was in the Chancery Court of Mobile, Stacey B. Waters, by bill, prayed relief against a judgment recovered against him, at law, by Creagh, surviving representative of one Mitchell. These were the facts relied on in the bill: On or about the — clay of-, in the year -, the .said Stacy became bound, as the surety*of one Bidgood, in a bond, executed to Bayard and Creagh, executors of the last will and testament of said Mitchell.
Read the full summary
In this case, which was in the Chancery Court of Mobile, Stacey B. Waters, by bill, prayed relief against a judgment recovered against him, at law, by Creagh, surviving representative of one Mitchell. These were the facts relied on in the bill: On or about the — clay of-, in the year -, the .said Stacy became bound, as the surety*of one Bidgood, in a bond, executed to Bayard and Creagh, executors of the last will and testament of said Mitchell. Waters, the complainant, and surety of the bond, having, in the life-time of Bayard, doubted that his principal, Bidgood, would continue solvent,…
1Opinion of the CourtTaylor, J.
The ground upon which the hill is filed, is testimony discovered since the trial at law, which proves, tliat the note, upon which a recovery had been had against Waters, and which he had executed as security, had been discharged hy the principal, long before the suit at law was brought.
It is insisted, that there is no equity in the bill, for two reasons — ■
1st. Because the complainant was bound to know who was present at the time the conversation was had with the deceased executor; and
2d. Because a payment is not charged to have been admitted, by the executor, but merely a settlement, which,…
2Cited by4 opinions
- De Soto Coal, Mining & Development Co. v. HillSupreme Court of Alabama · 1914
- Philadelphia Trust, Safe Deposit & Insurance v. ScottCourt of Appeals of Maryland · 1876
- State, Department of Industrial Relations v. WillardCourt of Civil Appeals of Alabama · 1980
- Pomeroy v. ManinU.S. Circuit Court for the District of Connecticut · 1842