Judge of Madison County Court v. Looney
Supreme Court of Alabama
This was an action of debt, commenced in the Circuit court of Madison, in the name of the Judge of the, County court, for the use of one Stewart, et ux. against Looney and his sureties, on a bond, as executor.
Read the full summary
This was an action of debt, commenced in the Circuit court of Madison, in the name of the Judge of the, County court, for the use of one Stewart, et ux. against Looney and his sureties, on a bond, as executor. There were breaches assigned in the declaration, averring a failure on the part of the executor to return an inventory and appraisement; an account sales; or to make settlement of the affairs of the estate, &c. and also alleging a failure to pay to the said Stewart, et ux. a legacy. On demurrer, judgment was given for the defendant, and the case was brought by writ of error into this…
1Opinion of the CourtSaffold, J.
This was an action of debt, brought by the plaintiff in error, in the Circuit Court, on the bond given by Looney, as executor of the last will and testament of Owen Campbell, against said Looney and his securities to the bond. The declaration sets forth the bond, and condition, in the usual form. The añiount of the bond is six thousand dollars, payable to the plaintiff and his successors in office ; conditioned that Looney, executor as aforesaid, “ should well and truly perform all the duties, which then were or should be, by law, required of him, as executor,” &c. It states that the testator…
2Cases cited2 opinions
- Pettigrew v. PettigrewSupreme Court of Alabama · 1828
- Davis v. DicksonSupreme Court of Alabama · 1830