Little v. Heard
Supreme Court of Alabama
Error to the County Court of Sumter. Tried before the Hon. Preston G. Nash. The defendants in error, — the latter of whom was the widow of John Knox, and, in conjunction with John Steele, administered on her deceased husband’s estate — on the final settlement of Steele’s administration, obtained a decree against him for her distributive share, upon which an execution issued returnable to a monthly term of the Orphans’ Court, and was returned no property.
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Error to the County Court of Sumter. Tried before the Hon. Preston G. Nash. The defendants in error, — the latter of whom was the widow of John Knox, and, in conjunction with John Steele, administered on her deceased husband’s estate — on the final settlement of Steele’s administration, obtained a decree against him for her distributive share, upon which an execution issued returnable to a monthly term of the Orphans’ Court, and was returned no property. An execution then issued against the plaintiffs in error, who were securities on the joint bond of the administratrix and administrator. The…
1Opinion of the CourtChilton, J.
By the second section of the Act of 1832, Clay’s Digest, 305, § 45, it is provided “ whenever any execution shall have issued on any decree made by the Orphans’ Court on final settlement of the accounts of executors, administrators, or guardians, and is returned by the sheriff “ no property found” generally, or as to part thereof, execution may, and shall forthwith issue against the securities of such executors, administrators or guardians.”
*360It is manifest from an examination of this statute, that to authorise an execution against the sureties in an administration bond, there must be — '1st. A…
2Cases cited4 opinions
- Thompson v. BondurantSupreme Court of Alabama · 1849
- King v. ShacklefordSupreme Court of Alabama · 1848
- Little v. KnoxSupreme Court of Alabama · 1849
- Westmoreland v. HaleSupreme Court of Alabama · 1847
3Cited by1 opinion
- Steele v. GravesSupreme Court of Alabama · 1880