Legal Opinion

McNeil v. Macon's Admr.

Supreme Court of Alabama

Decided January 15, 1852PublishedCited by 3 opinions

Error to tbe Court of Probate of Dallas. It appears, by a recital in the record, that the estate of Macon had been declared insolvent, and within the time prescribed in the statute McNeil filed a claim in the clerk’s office, verified by his own affidavit. This claim consisted of a title bond made by Macon to McNeil for a half section of land, which is described in it.

Read the full summary

Error to tbe Court of Probate of Dallas. It appears, by a recital in the record, that the estate of Macon had been declared insolvent, and within the time prescribed in the statute McNeil filed a claim in the clerk’s office, verified by his own affidavit. This claim consisted of a title bond made by Macon to McNeil for a half section of land, which is described in it. McNeil made oath that he had paid all the- purchase money, and that Macon had failed to make title to the lands, although he had demanded one of him; that the title of the land was in Macon’s father, who was embarrassed, and…

1Opinion of the CourtLigon, J.

The proceedings in reference to the allowance or disallowance of claims against insolvent estates must be regulated by the provisions of the act of 1843 in relation to that subject.

*774By tbe ninth section of that act, it is provided that, “Every person, having any claim against such insolvent estate, shall file the same in the clerk’s office of the said court, within six months after such estate is declared insolvent; and every such claim shall be verified by the affidavit of the claimant, and the clerk shall give a receipt therefor to the claimant, his agent or attorney, and shall endorse on…

2Cases cited1 opinion

  1. Shortridge v. EasleySupreme Court of Alabama · 1846

3Cited by3 opinions

  1. Thames v. HerbertSupreme Court of Alabama · 1878
  2. Flinn v. ShacklefordSupreme Court of Alabama · 1868
  3. Thornton v. MooreSupreme Court of Alabama · 1878

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API