Alexander v. Fisher
Supreme Court of Alabama
Error to the Chancery Court of Lowndes. Tried before the Hon. J. W. Lesesne. The bit! in this case was filed by the plaintiff in error, who was administrator of Edmund Alexander, deceased, to have contribution decreed him from the defendants (one of whom was the widow of the intestate and is now the wife of William P. Fisher, her co-defendant,) for monies advanced by him over and above the assets, in payment of the debts of the estate.
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Error to the Chancery Court of Lowndes. Tried before the Hon. J. W. Lesesne. The bit! in this case was filed by the plaintiff in error, who was administrator of Edmund Alexander, deceased, to have contribution decreed him from the defendants (one of whom was the widow of the intestate and is now the wife of William P. Fisher, her co-defendant,) for monies advanced by him over and above the assets, in payment of the debts of the estate. It appears by the record, that the intestate died in December 1840, leaving a large estate, real and personal, and four children and his widow as the…
1Opinion of the CourtChilton, J.
1. This is not a case where the administrator is suing for the benefit of the other distributees, but the bill proceeds on the ground, that the settlement of the estate in the Orphans’ Court, and the ascertainment of the amount due in a proceeding to which all the parties interested were before that court, is binding upon them; and the amount being thus ascertained and the distributees, except Mrs. Fisher, having paid their respective portions, the complainant seeks to obtain a decree against her and her husband for the amount she should refund. Having paid the portions for which they were…
2Cases cited1 opinion
- Sellers v. SmithSupreme Court of Alabama · 1847
3Cited by7 opinions
- Moore v. LesueurSupreme Court of Alabama · 1858
- Munden v. BaileySupreme Court of Alabama · 1881
- Baldwin v. AlexanderSupreme Court of Alabama · 1906
- Harkins v. HughesSupreme Court of Alabama · 1877
- Alexander v. SteeleSupreme Court of Alabama · 1887
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