¶1The rehearing in this case is refused. It is based upon the authority of Coopwood v. Wallace, 12 Ala. 790. This was a special case, and has since been very much doubted. — Jones v. Dawson, 19 Ala. 672. If the executrix had authority under the will to bind the estate, then the estate was bound at law, and there was no. need for a resort to equity, if she had not such authority to bind the estate, then she alone was liable.
44 Ala. 690
Wade v. Pope
Decided June 15, 1870
Supreme Court of Alabama · decided 1870-06-15
Heard before Hon. J. Q. Loomis. This was a bill in equity filed by tbe appellant, Wade, against the appellees, Matilda E. Pope, as executrix of tbe last will and testament of Zachary Pope, deceased, and tbe heirs and devisees of said estate, and sought to charge the estate for the payment of wages due appellant as overseer employed on said estate, and for mules purchased and paid for by him for the estate, and used in carrying on the farm, at the request of the executrix-…
Relies on Jones v. Dawson · Coopwood v. Wallace
Good law ✅— No negative treatment on recordhow we know
Decided 1870-06-15
How this case has been cited
Cited by 8 later decisions — most recently May 1932
8 state decisions
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.
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