Haynes v. Wheat
Supreme Court of Alabama
Error to the Chancery Court of Madison. The bill was filed by the' defendants in error, and alledges that they became the sureties of one George W. L. Haynes,as the administrator of Stephen S Haynes, late of Madison county. That on — day of June 1841, the administrator made a final settlement, and a decree was rendered in favor' of the defendant in error, a- minor, and distributee of the dedeceased, for $965 3T, at which time one Richard B. Pur-dom was guardian, ad litem.
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Error to the Chancery Court of Madison. The bill was filed by the' defendants in error, and alledges that they became the sureties of one George W. L. Haynes,as the administrator of Stephen S Haynes, late of Madison county. That on — day of June 1841, the administrator made a final settlement, and a decree was rendered in favor' of the defendant in error, a- minor, and distributee of the dedeceased, for $965 3T, at which time one Richard B. Pur-dom was guardian, ad litem. That an execution issued thereon, against the administrator, was returned no property found,- and an execution then issued…
1Opinion of the CourtOrmond, J.
The decree made'by the Orphans’ Court, appears to have been entirely regular. It is alledged in the bill that it was in” favor of the infant, and this fact is not controverted, but is admitted by the answer. Such being the fact, the recital in the execution, that the decree was in favor of the guardian ad litem, was a mere clerical misprision, and conceding that it could have been quashed for this cause, yet if the administrator had paid the money to the sheriff, he would have been protected under it, as the process was not void, but voidable merely; nor could the plaintiff be heard to *243alledge…
2Cases cited3 opinions
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- Towson v. Havre-de-Grace BankCourt of Appeals of Maryland · 1823
3Cited by10 opinions
- Sovereign Camp, W. O. W. v. GaySupreme Court of Alabama · 1927
- Corbett v. StateSupreme Court of Alabama · 1858
- Noble v. StateSupreme Court of Alabama · 1877
- West, Oliver & Co. v. BallSupreme Court of Alabama · 1847
- Chapman, Lyon & Noyes v. CowlesSupreme Court of Alabama · 1867
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