Wright v. Lang
Supreme Court of Alabama
Appeal from the Chancery Court of Pickens. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 21st September, 1870, by John T. Lang and Robert Lang, as joint executors of the last will and testament of their deceased father, William Lang, against the widow, children and grandchildren of said testator, who were legatees and devisees under his will; and asked the instructions of the court in the discharge of their official duties in the management of…
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Appeal from the Chancery Court of Pickens. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 21st September, 1870, by John T. Lang and Robert Lang, as joint executors of the last will and testament of their deceased father, William Lang, against the widow, children and grandchildren of said testator, who were legatees and devisees under his will; and asked the instructions of the court in the discharge of their official duties in the management of the estate, alleged to be complicated by the changed condition of the estate on account of the emancipation of the slaves…
1Opinion of the Court
SOMERYILLE, L
In Guild v. Thomas, 54 Ala. 414, it was held to be a good defense to an action on an injunction bond, that the defendant, who was a surety, intrusted the bond to the principal obligor as an escrow, with authority to deliver it only on the express condition, that other persons named should first join as sureties in its execution. It was delivered contrary to this condition, and the surety was held not liable, on a plea of non est factum being filed by him setting up these facts. This principle, however, does not apply, where the sureties suffer the principal obligor to act under…
2Cases cited13 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- Guild v. ThomasSupreme Court of Alabama · 1875
- Miller v. EatmanSupreme Court of Alabama · 1847
- Robertson v. CokerSupreme Court of Alabama · 1847
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Lindsey v. LindseySupreme Court of Alabama · 1934
- Martin v. TallySupreme Court of Alabama · 1882
- St. Louis Brewing Ass'n v. HayesCourt of Appeals for the Fifth Circuit · 1899
- Wachsmuth v. Penn Mutual Life InsuranceIllinois Supreme Court · 1909
17 more not listed; retrieve them via the Exa API.