Ransom v. Quarles
Supreme Court of Alabama
Error to the Orphans’ Court of Marengo. Tried before the Hon. Jas. A. Young, Judge. The estate of the plaintiff’s intestate having been duly declared insolvent, the defendant in error as evidence of a demand held by him against the estate, on the same day, filed with the clerk a certificate of the clerk of the Circuit Court of Perry county, stating that a judgment was rendered on the 19th May 1843 in said court, in favor of the defendant against the plaintiff in error for…
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Error to the Orphans’ Court of Marengo. Tried before the Hon. Jas. A. Young, Judge. The estate of the plaintiff’s intestate having been duly declared insolvent, the defendant in error as evidence of a demand held by him against the estate, on the same day, filed with the clerk a certificate of the clerk of the Circuit Court of Perry county, stating that a judgment was rendered on the 19th May 1843 in said court, in favor of the defendant against the plaintiff in error for $3630 44, and appeared on the record as still unsatisfied. The plaintiff in error at the instance of another creditor of…
1Opinion of the CourtCollier, C. J.
In Rowdon v. Young, adm’r, 12 Ala. Rep. 234, the question wqs whether the filing of the copy of a note which evidenced a claim against the insolvent estate of the defendant’s intestate, was a compliance with the statute, and- authorised the production of the original after exception was taken. It was said by the court, that a it is perfectly certain, that the note or bill single is not the debt, but merely furnishes proof of it, and that the destruction of the evidence would not extinguish the liabilily to pay.. We have seen that the affidavit which the act requires may be made after an…
2Cases cited2 opinions
- Rutherford's Adm'rs v. Br. Bank at MobileSupreme Court of Alabama · 1848
- Rowdon v. YoungSupreme Court of Alabama · 1847