Hollinger v. Holly
Supreme Court of Alabama
Writ of Error to the County Court of Mobile. The writ of error in this case is sued out by several of the creditors of the estate of James M. Ashton, whose claims were rejected by the Court, upon the final settlement of that estate as an insolvent estate. Albert Mudge presented for allowance, a judgment obtained by him in the Circuit Court against James M. Ashton, in his life time.
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Writ of Error to the County Court of Mobile. The writ of error in this case is sued out by several of the creditors of the estate of James M. Ashton, whose claims were rejected by the Court, upon the final settlement of that estate as an insolvent estate. Albert Mudge presented for allowance, a judgment obtained by him in the Circuit Court against James M. Ashton, in his life time. The claim had been presented to the administrators within eighteen months after letters granted. The administrators objected to it on the ground that it had not been filed in the clerk’s office within six months…
1Opinion of the CourtGoldthwaite, J.
To come to a determination of the several questions arising from this record, it is necessary to refer to statutes not now in force. The course of proceeding, with reference to insolvent estates, was first prescribed by an act passed in 1806. The Orphans’ Court, after ascertaining the fact of insolvency, and after directing the lands of the decedent to be sold, was required to appoint two or more commissioners, with full power to receive and examine all claims of the several creditors ; to accomplish this, they were required to cause the times and places of their meetings to attend the…
2Cited by13 opinions
- Thames v. HerbertSupreme Court of Alabama · 1878
- Cook v. DavisSupreme Court of Alabama · 1847
- Baskins v. CalhounSupreme Court of Alabama · 1871
- Middleton's Adm'r v. Maull's Adm'rSupreme Court of Alabama · 1849
- Carhart, Bros. & Co. v. Clark's Adm'rSupreme Court of Alabama · 1858
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