Chandler v. Shehan
Supreme Court of Alabama
Writ of error to the Circuit Court of St. Clair. Assumpsit by Sarah Chandler, executrix, and Joel Chandler, Jr., and James Hampton, executors of the last will of Joel Chandler, dec’d., against Shehan as the maker of a promissory note signed by him, together with Joel Chandler and H. McCoy, payable to the executors of the estate of Joel Chandler, deceased.
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Writ of error to the Circuit Court of St. Clair. Assumpsit by Sarah Chandler, executrix, and Joel Chandler, Jr., and James Hampton, executors of the last will of Joel Chandler, dec’d., against Shehan as the maker of a promissory note signed by him, together with Joel Chandler and H. McCoy, payable to the executors of the estate of Joel Chandler, deceased. The defendant, with other pleas, pleaded, “ that the defendant is one of the securities of Joel Chandler, who is one of the makers of the note in the declaration mentioned, and that he as such security on the 18th of September, 1841, gave to…
1Opinion of the CourtGoldthwaite, J.
— 1. The question made by the plea in connection with the declaration is, whether a note made by one executor of an estate, and also by a third person as his surety, payable to the executors of the same estate, can be enforced against the surety by a suit at law where the principal debtor, in his, character of joint executor, is one of the plaintiffs.
We limit the question to the precise state of facts shown by the record, that it may be seen that we do not intend to consider what the effect of such a note would be if the declara*254tion was upon it as an express promise by one executor and his…
2Cases cited3 opinions
- Brannan v. OliverSupreme Court of Alabama · 1829
- King v. ShacklefordSupreme Court of Alabama · 1844
- Phillips v. PhillipsSupreme Court of Alabama · 1827
3Cited by8 opinions
- Giddens v. BollingSupreme Court of Alabama · 1890
- Hendricks v. ThorntonSupreme Court of Alabama · 1871
- King v. ShacklefordSupreme Court of Alabama · 1848
- Waldrop v. PearsonSupreme Court of Alabama · 1868
- Hutchinson v. GambleSupreme Court of Alabama · 1847
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