16 Ala. 140 | Ala. | 1849
This suit was commenced by Thomas Sanders, on a promissory note, given by the defendanls to him, by which they promised, twelve months after date, to pay to Thomas Sanders, guardian of the minor heirs of David Mo-niac, deceased, or bearer, four hundred and fifty dollars. A declaration was filed against all the defendants, in the name of Sanders, at the fall term 1846. At the fall term 1847, the following entry was made: This day came the plaintiff, and represented to the court that George D. Meggison is the administrator of Thomas Sanders, deceased, and prays the court to make said Meggison, administrator as aforesaid, a party plaintiff to this suit; and the defendants failing to file their plea within the time prescribed by the rules of this court, it is considered that the plaintiff recover, &c.
The first assignment of error is, that Meggison was improperly. made a party, as the death of Sanders does not appear of record. It must be admitted, that the entry is very informal; but we think it sufficiently indicates the death of Sanders. The question is not, what shall be sufficient evidence to establish the death of a party to the suit; but it is, whether the record shows the death of Sanders, the original plaintiff. The language is, that George D. Meggison is the administrator of Thomas Sanders, deceased. From this we are bound to infer his death, and that the action of the court was based on sufficient evidence of that fact.
Let the judgment be affirmed.