Phillips v. Phillips

1 Stew. 71
CourtSupreme Court of Alabama
DecidedJanuary 15, 1827
StatusPublished
Cited by4 cases

This text of 1 Stew. 71 (Phillips v. Phillips) 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
Phillips v. Phillips, 1 Stew. 71 (Ala. 1827).

Opinion

THE CHIEF JUSTICE

delivered the opinion of the Court

The plaintiff and defendant were legatees and executors of Francis Phillips. They had settled the accounts of the estate and divided the proceeds, excepting the debt, [72]*72which was the subject of this suit. The action was on a s..., ;ai promise. The plaintiff proved that the deli nclant jjnd admitted that he had collected this debt, and promised tf) j)ay jt over to the plaintiff, and a judgement was rendered for him One executor can maintain ah action against another on an express promise. Let the judgement be affirmed.

Clay and M‘Clung, for plaintiff. Beatoon, for defendant in error.

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73 Mo. 327 (Supreme Court of Missouri, 1880)
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32 N.J. Eq. 67 (New Jersey Court of Chancery, 1880)
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7 Ala. 251 (Supreme Court of Alabama, 1845)
Hampton v. Shehan
7 Ala. 295 (Supreme Court of Alabama, 1845)

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Bluebook (online)
1 Stew. 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-phillips-ala-1827.