Public-domain · open source
OpenJurist

21 Ala. 433

Gerald v. Miller's Distributees

Supreme Court of Alabama

Decided June 15, 1852

Supreme Court of Alabama · decided 1852-06-15

Tried before the Hon. J. W. LesesNe. This was a bill filed by Wm. Miller and the other complainants as the heirs at law and next of lcin of Simon Miller, deceased.

Relies on Davenport v. Bartlett

Good law ✅— No negative treatment on recordhow we know

Decided 1852-06-15

How this case has been cited

Cited by 5 later decisions — most recently May 1932

5 state decisions

20185218601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PHELAN, J.

¶1— Whenever it becomes necessary to proceed in equity against an administrator, for tbe recovery of a debt, legacy or distributive share, all tbe obligors in the administration bond may be made parties. Moore et al. v. Armstrong, 9 Por. 697.

¶2It is quite clear, that these complainants bad tbe right to go into a court of equity to have tbe transfer they made to Gerald set aside; and as they were suing for their distributive shares of tbe estate of their uncle, of which be was administrator, in tbe event they succeeded in having that set aside, it was proper to join his sureties on his administration bond, Foster and Hunt.

¶3That no decree is rendered against them, except for costs, is a matter of which they cannot complain; nor can Gerald complain.

¶4The decree upon the merits, is well warranted by the proof. See statement of the testimony.

¶5No exception was made to the report of the master, nor any objection raised to the confirmation of that report in the court below, and, therefore, none will be heard for the first time in this court, the report not being erroneous on its face. Methodist E. Church v. Jaques, 3 John. C. 77; 2 Smith’s C. Prac., 370; 9 Por. 80; 9 Ala. 180.

¶6There is no error in the record, and the decree of the court below is affirmed.

/21/ala/433 · .json · Public domain