Agee v. Williams
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. C. W. Rapier. The defendant in this case was summoned “ to answer the complaint of James Williams, administrator of Edward Williams, deceased”; and the complaint was as follows: “ James M. Williams, adm’r of' Edward Williams, dec’d, vs, William R. Agee.
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Appeal from the Circuit Court of Monroe. Tried before the Hon. C. W. Rapier. The defendant in this case was summoned “ to answer the complaint of James Williams, administrator of Edward Williams, deceased”; and the complaint was as follows: “ James M. Williams, adm’r of' Edward Williams, dec’d, vs, William R. Agee. The plaintiff claims of the defendant a negro man slave, by the name of Green, about forty yeais of age, together with the value of his hire during the detention, to-wit, from the first day of January, 1849 ; said slave Green being of the value of $1200.” The defendant pleaded…
1Opinion of the CourtRice, J.
It is clear, upon authority, that the plaintiff in the complaint in this case is James M. Williams as an individual, and not as an administrator of any intestate. The complaint does not put in issue the title of any intestate to the slave sued for, but only the title of James M. Williams as an individual. The words “ administrator of Edward Williams”, which follow the name of James M. Williams in the *646margin or caption of the complaint, must be treated as descrip-tio persones. — Arrington v. Hare, 19 Ala. 243; Tate v. Shackelford, 24 ib. 510; 1 Saund. Pl. & Ev. 497, 498; Chapman v. Spence, 22…
2Cases cited3 opinions
- Arrington v. HairSupreme Court of Alabama · 1851
- Chapman v. SpenceSupreme Court of Alabama · 1853
- Traylor v. MarshallSupreme Court of Alabama · 1847
3Cited by13 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Agee v. WilliamsSupreme Court of Alabama · 1857
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