Espy v. Comer
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before Hon. John A. Foster. The bill in this case was filed in February, 1885, by John S. Espy in his own behalf, and for such other creditors of Clark, Hart & Co. as should join in said suit, against Hugh M: Comer, as surviving partner of Bates & Comer, Henry O. Hart and others; and prayed that a mortgage executed by said Hart to said Comer be declared a general assignment for the benefit of all the creditors of the…
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Appeal from the Chancery Court of Barbour. Heard before Hon. John A. Foster. The bill in this case was filed in February, 1885, by John S. Espy in his own behalf, and for such other creditors of Clark, Hart & Co. as should join in said suit, against Hugh M: Comer, as surviving partner of Bates & Comer, Henry O. Hart and others; and prayed that a mortgage executed by said Hart to said Comer be declared a general assignment for the benefit of all the creditors of the partnership of Clark, Hart & Co., of which said Hart was a member. The bill avers that on the 22dday of February, 1881, Henry C.…
1Opinion of the CourtClopton, J.
On the dissolution of a partnership by the death of a member, the legal title, possession, control, and disposition of the personal assets devolve on the survivor, for the purpose of paying the debts, settling its affairs, and distributing the surplus. He is regarded as occupying the relation of trustee for all interested — for the creditors, for himself, -and for the representatives of the deceased — and possesses such powers as will enable him to execute the trust. If realty constitutes a part of the partnership property, the legal title to the deceased partner’s interest descends at law to…
2Cases cited10 opinions
- Lang's Heirs v. WaringSupreme Court of Alabama · 1854
- Andrews' Heirs v. Brown's Adm'rSupreme Court of Alabama · 1852
- Hutchinson v. SmithNew York Court of Chancery · 1837
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
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3Cited by5 opinions
- First National Bank v. CodySupreme Court of Georgia · 1894
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Rabitte & Gaudin v. Orr Bros.Supreme Court of Alabama · 1887
- Kahn v. PeterSupreme Court of Alabama · 1894
- Avary v. Perry Stove Manufacturing Co.Supreme Court of Alabama · 1892