Williams v. Sims
Supreme Court of Alabama
Error to Pickens Circuit court. ■ Assumpsit against executors, tried by Martin, J. The defendants in error sued the plaintiffs,.as the executors of Thomas Ivey, deceased, in the Circuit court of Pickens, on a promissory note, made by their testator and another.
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Error to Pickens Circuit court. ■ Assumpsit against executors, tried by Martin, J. The defendants in error sued the plaintiffs,.as the executors of Thomas Ivey, deceased, in the Circuit court of Pickens, on a promissory note, made by their testator and another. The plaintiffs in error pleaded in abatement, that James Cavat, together with them,' were appointed- by their testator, executors of his-last will and testament; and that afterwards, on the thirty-first day of October, eighteen hundred and thirty-six, the plaintiffs, and Cavat, who is still living, duly proved their testator’s will,…
1Opinion of the CourtCollier, C. J.
— Th¿ questions for our decision, are presented by the pleadings, and are—
1. Was it incumbent on the defendants in error, to join all who had qualified as executors 1 or,
2. Did the non-residence of Cavat relieve them from the necessity of joining him as a party to the action, with his co-executors ?
1. If a man appoint several persons his executors, and. dies, at common law, they were esteemed as but one person, in representing the ’ testator—(Wheeler, et al. vs. Wheeler, 9 Cow. R. 34;) and where there were several executors named in the will, all must have joined in the prosecution of an…
2Cases cited1 opinion
- Cleveland v. ChandlerSupreme Court of Alabama · 1831
3Cited by6 opinions
- Caruthers v. Mardis' adm'rsSupreme Court of Alabama · 1842
- Shorter v. UrquhartSupreme Court of Alabama · 1856
- English v. BrownSupreme Court of Alabama · 1846
- Owen v. BrownSupreme Court of Alabama · 1841
- Huff v. DavisonSupreme Court of Alabama · 1870
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