Brock's Administrator v. Frank
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Vi. L. Whitlock. This action was brought by William M. Hames, as the administrator with the will annexed of Lawrence Brock, deceased, ag-ainst Isaac Frank; and was commenced on the 24th February, 1871. The defendant pleaded, “in short by consent, the general issue, with leave to give in evidence any matter that might be specially pleaded; ” and the cause was tried on issue joined on that plea.
Read the full summary
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Vi. L. Whitlock. This action was brought by William M. Hames, as the administrator with the will annexed of Lawrence Brock, deceased, ag-ainst Isaac Frank; and was commenced on the 24th February, 1871. The defendant pleaded, “in short by consent, the general issue, with leave to give in evidence any matter that might be specially pleaded; ” and the cause was tried on issue joined on that plea. The lands in controversy were certain town lots in Jacksonville in said county, which had belonged to said Lawrence Brock at tbe time of…
1Opinion of the CourtBrickell, J.
It is well settled in the common law, that the laws of the domicile of the owner of personal property will govern in regard to the right of succession, whether he dies testate or intestate. In all that concerns the devise, descent, and heirship of real estate, the lex rei sites is absolute. Wharton’s Conflict of Laws, § 561; Redfield on Wills, 394-98. The reasons of this distinction are differently stated by different jurists. Some affirm that it rests upon a legal fiction, by which all movables or all personal property are sujiposed to be in the place of the domicile of the owner. Others…
2Cases cited15 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- Kane v. PaulSupreme Court of the United States · 1840
- Broughton v. BradleySupreme Court of Alabama · 1859
- Varner v. BevilSupreme Court of Alabama · 1850
- Moseley's Adm'r v. MastinSupreme Court of Alabama · 1861
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Wilson v. HoltSupreme Court of Alabama · 1887
- Masterson v. HarrisTexas Supreme Court · 1915
- Knox v. PaullSupreme Court of Alabama · 1891
- Blacksher Co. v. NorthrupSupreme Court of Alabama · 1911
12 more not listed; retrieve them via the Exa API.