Russell v. Erwin's Ad'mr
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. O. W. Bapier. This action was brought by E. G. Kimball, who was the general administrator of Mobile county, and who sued as the administrator de bonis non of Isaac H. Erwin, deceased, against James W. Russell, Ellen Thompson, and Theodore Petit, to recover the possession of four city lots in Mobile, with damages for their detention; and was commenced on the 31st May, 1858. The complaint was in the form prescribed…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. O. W. Bapier. This action was brought by E. G. Kimball, who was the general administrator of Mobile county, and who sued as the administrator de bonis non of Isaac H. Erwin, deceased, against James W. Russell, Ellen Thompson, and Theodore Petit, to recover the possession of four city lots in Mobile, with damages for their detention; and was commenced on the 31st May, 1858. The complaint was in the form prescribed by the Code, (p. 555,) “ for the recovery of land, or the possession thereof, in the nature of an action for…
1Opinion of the CourtJudge, J.
The act of the legislature authorizing the appointment of a general administrator and general guardian for Mobile county, approved December 11, 1859,(Acts 1859-'60, p. 551,) provides, “ that the court of county commissioners of said county shall recommend and name the person to be appointed such administrator and guardian.” It is contended that the order of the probate court, committing the administration of Erwin’s estate to McGuire, the appellee, as the administrator general of Mobile county, is void, because the order fails to show that McGuire had been appointed such administrator…
2Cases cited9 opinions
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
- Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
- McCaskle v. AmarineSupreme Court of Alabama · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Waddell v. LanierSupreme Court of Alabama · 1878
- Houston v. FarrisSupreme Court of Alabama · 1882
- Calhoun v. FletcherSupreme Court of Alabama · 1879
- Morgan v. CaseySupreme Court of Alabama · 1882
8 more not listed; retrieve them via the Exa API.