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46 Ala. 229

Moses v. Clark

Supreme Court of Alabama

Decided June 15, 1871

Supreme Court of Alabama · decided 1871-06-15

Tried before Hon. J. McOaleb Wiley. Appeal from Circuit Court of Barbour. The appellant was the plaintiff in a suit for the collection of a promissory note, which the appellee made in favor of Shorter and Baker, the executors of the will of Milton A. Browder, deceased. The consideration was property bought by him at a sale of the personal property of the estate by the executors, under an order of the probate court.

Cited by 2 later decisions — most recently December 1875

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-06-15

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B. F. SAFFOLD, J.

¶1The plaintiff was entitled to recover if the judgment would protect the defendant against any demand that might be set up in behalf of M. A. Browder’s estate. No representative, distributee or creditor of that estate could regain from him the property purchased. If sued by any of them, in any form, the facts shown in the bill of exceptions would be a defense to the suit.

¶2The estate of Browder had received an equivalent, and plaintiff was not bound to see that the executors committed no devastavit.

¶3The judgment is reversed and the cause remanded.

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