Hightower v. Moore

Decided June 15, 1871

Supreme Court of Alabama · decided 1871-06-15

Tried before Hon. T. L. Appleby. The appeal is taken from the refusal of the probate court to require the appellee, as administrator, to give a new bond. The proof is, that the administrator himself and one of his sureties are virtually insolvent. Another one is apt to pay his debts, but his means are extremely limited.

Relies on Moore v. Wallis

Good law ✅— No negative treatment on recordhow we know

Decided 1871-06-15

How this case has been cited

Cited by 3 later decisions — most recently December 1994

1 federal appellate · 1 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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B. E. SAEEOLD, J.

¶1As the land will probably be sold on terms of credit, payable in installments, the security may be sufficient. The estate is so nearly administered and distributed that the risk is much abated. In Moore v. Wallis, 18 Ala. 458, it was held that the liability incurred *388by the surety on a guardian’s bond is not discharged by his death, although the default occurred afterwards. There is therefore the security of this estate, and it is not probable that the administrator will receive more of the purchase-money of the land, before he can be made to account for it, than there is protection for. On the presumption in favor of the judgment of the probate court in matters of fact, we sustain this decree.

¶2The decree is affirmed.