Pickle's Adm'r v. Ezzell
Supreme Court of Alabama
Appeal from the Court of Probate of Henry. In the matter of the estate of Amos Pickle, deceased, which was reported and declared insolvent on the 21st March, 1853. The appellee, as surviving partner of the firm of Radford & Ezzoll, filed certain claims against said estate, which were verified by the affidavit of John W. Harper, who stated that said claims, “ to the best of affiant’s knowledge, information, and belief, are yet due and unpaid.’'' The administrator objected to…
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Appeal from the Court of Probate of Henry. In the matter of the estate of Amos Pickle, deceased, which was reported and declared insolvent on the 21st March, 1853. The appellee, as surviving partner of the firm of Radford & Ezzoll, filed certain claims against said estate, which were verified by the affidavit of John W. Harper, who stated that said claims, “ to the best of affiant’s knowledge, information, and belief, are yet due and unpaid.’'' The administrator objected to the allowance of the claims, on account of the insufficiency of the affidavit; and raised several other objections to…
1Opinion of the CourtGoldthwaite, J.
The Code (§ 1841) requires all claims against insolvent estates to be verified by the oath of the claimant, or of some other person, “ who knows the correctness of the claim, and that the same is due” ; and the affidavit in this case cannot be regarded as a fulfillment of this requisition, since it does not show that the party had any knowledge either as to the correctness of the claim, or that it was then due. If no objection had been made to it, the court should not have allowed the claim (Code, § 1853) ; and, a fortiori, when the objection was made on the specific ground, it should have…
2Cited by15 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- Burgess & Co. v. MartinSupreme Court of Alabama · 1895
- Henderson v. ReynoldsIndiana Supreme Court · 1907
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Dennis v. Coker's Adm'rSupreme Court of Alabama · 1859
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