Moses v. Clark

Supreme Court of Alabama

Moses v. Clark

46 Ala. 229

CourtSupreme Court of Alabama

DecidedJune 15, 1871

StatusPublished

Cited by2 cases

This text of 46 Ala. 229 (Moses v. Clark) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moses v. Clark, 46 Ala. 229 (Ala. 1871).

Pincite

Opinion

B. F. SAFFOLD, J.

The 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.

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

The judgment is reversed and the cause remanded.

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B. F. SAFFOLD, J.

The 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.

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

The judgment is reversed and the cause remanded.

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Bluebook (online)

46 Ala. 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moses-v-clark-ala-1871.

Opinion

B. F. SAFFOLD, J.

Related

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