Briggs v. Walker
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF 'THE STATE OF KENTUCKY. The controversy in this case was between the executor and two creditors of Charles M. Briggs, and arose as follows: On April 18, 1862, during the war of the rebellion, Charles S. Morehead, of Kentucky, executed and delivered to his nephew, Charles M. Briggs, a bill of sale of cotton in Mississippi, in these terms: “For and in consideration of money loaned and advanced heretofore by C. M. Briggs, and further valuable…
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ERROR TO THE COURT OF APPEALS OF 'THE STATE OF KENTUCKY. The controversy in this case was between the executor and two creditors of Charles M. Briggs, and arose as follows: On April 18, 1862, during the war of the rebellion, Charles S. Morehead, of Kentucky, executed and delivered to his nephew, Charles M. Briggs, a bill of sale of cotton in Mississippi, in these terms: “For and in consideration of money loaned and advanced heretofore by C. M. Briggs, and further valuable consideration by way of suretyship for me by said Briggs, I hereby sell and transfer to said C. M. Briggs all the cotton…
1Opinion of the CourtJustice Gray
The motion to dismiss must be overruled. An - executor represents the person of the testator, and is charged with the duty of resisting unfounded claims against the fund in his hands. Co. Lit. 209a ; McArthur v. Scott, 113 U. S. 340, 396. The record, therefore,. does present the Federal question whether, the right given by the act of Congress to the “ legal representatives ” of Charles M. Briggs was for the benefit of his next of kin to the exclusion of his creditors.
But we are of opinion that this question, which is the only Federal question in the case, must be answered in the negative, and…
2Cases cited8 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Comegys v. VasseSupreme Court of the United States · 1828
- Erwin v. United StatesSupreme Court of the United States · 1878
- Williams v. HeardSupreme Court of the United States · 1891
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3Cited by34 opinions
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Price v. ForrestSupreme Court of the United States · 1899
- Jean Lang v. Texas & Pacific Railway Company and Missouri-Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1980
- In Re Estate of CocklinSupreme Court of Iowa · 1945
- Givertz v. Maine Medical CenterSupreme Judicial Court of Maine · 1983
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