McDougald's Adm'r v. Carey
Supreme Court of Alabama
Appeal from the Chancery Court of Russell. Heard before the Hon James B. Clark. This case was before the court at its January term, 1862, on a motion by the appellee to dismiss the appeal, on account of the failure to revive it, as required by an order of the court made at the June term, 1860 ; and on a cross-motion by the appellant, asking an extension of time within which to make the necessary revivor. — See the case reported, ante, pp. 320-23. At the present term, the…
Read the full summary
Appeal from the Chancery Court of Russell. Heard before the Hon James B. Clark. This case was before the court at its January term, 1862, on a motion by the appellee to dismiss the appeal, on account of the failure to revive it, as required by an order of the court made at the June term, 1860 ; and on a cross-motion by the appellant, asking an extension of time within which to make the necessary revivor. — See the case reported, ante, pp. 320-23. At the present term, the appellant produced to the court a certified transcript from the records of the superior court of 'Muscogee county, Georgia,…
1Opinion of the CourtStone, J.
When this case was before us twelve months ago, we made the remark, that this trust was “ created in the State of Georgia, and the suit was instituted for the purpose of collecting a debt due the trust, out of an alleged debtor’s assets in the State of Alabama and we added, “The common law is presumed to prevail in Georgia ; and by the common law, the trust title as to personalty passes, upon*the death of the trustee, to his personal representative.” We then ruled, that a trustee in place of Mr. Carey should be appointed in this State, that the suit might be revived against him.
It will be…
2Cases cited4 opinions
- Ingersoll v. CooperIndiana Supreme Court · 1840
- Williams v. MausSupreme Court of Pennsylvania · 1837
- Wilson v. Matthews, Finley & Co.Supreme Court of Alabama · 1858
- Bacon v. Morris, Pennsylvania Court of Common Pleas, Philadelphia County1873