Grace v. Martin
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before Hon. W. S. Mudd. The administrator of Peter Martin, deceased, on the 25th of March, 1867, suffered a judgment nil dicit to be rendered against him as such administrator on a note executed by his intestate and himself, and payable January 1, 1861: An execution de bonis intestatis was duly issued on this judgment, and on July 22d, 1868, was returned “No property found.”
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Appeal from the Circuit Court of Tuskaloosa. Tried before Hon. W. S. Mudd. The administrator of Peter Martin, deceased, on the 25th of March, 1867, suffered a judgment nil dicit to be rendered against him as such administrator on a note executed by his intestate and himself, and payable January 1, 1861: An execution de bonis intestatis was duly issued on this judgment, and on July 22d, 1868, was returned “No property found.” Thereupon this action was brought against appellee as one of the sureties of the administrator on his bond. The proof showed that said bond was executed by appellee as…
1Opinion of the CourtB. F. Saffold, J.
The appellant, as a creditor of the estate of Peter Martin, deceased, recovered a judgment nil dicit against his administrator, upon which an execution de bonis intestatis was returned “no property found.” He then brought this suit upon the administration bond against the appellee as surety.
The court charged the jury, that if the note on which the judgment against the administrator was obtained was not presented to him within eighteen months after the grant of letters of administration, and the heirs of the said estate had, after that time, distributed the property among themselves, without…
2Cases cited2 opinions
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