Wyatt's Adm'r v. Rambo
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. C. W. RapieR. This action was brought by the appellant, to recover a slave named Maria, and her three children, and was commenced in March, 1852. The material parts of the declaration, which are necessary to a correct understanding of the question of pleading here decided, are as follows : “ Thomas M. Williams, administrator of all and singular the goods and chattels, rights and credits, which were of Peter…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. C. W. RapieR. This action was brought by the appellant, to recover a slave named Maria, and her three children, and was commenced in March, 1852. The material parts of the declaration, which are necessary to a correct understanding of the question of pleading here decided, are as follows : “ Thomas M. Williams, administrator of all and singular the goods and chattels, rights and credits, which were of Peter Wyatt, deceased, at the time of his death, left únadministered by William N. Mock; now deceased, and Mary A. E. Wyatt', who…
1Opinion of the CourtWalker, J.
The argument, urged on behalf of the appellee, that the proof did not correspond with the declaration, and that therefore the charge of the court in favor of the defendant was correct, is based upon the supposition, that the cause of action set forth in the declaration pertains to the plaintiff individually, while the proof conduces to show a right of recovery in him as administrator. The declaration .avers, that the plaintiff was possessed of the slaves, “ as of his own property as such administrator as aforesaid, and being so possessed thereof” casually lost them ; that they came to the…
2Cases cited22 opinions
- Lamden v. SharpTennessee Supreme Court · 1847
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Gunn v. HowellSupreme Court of Alabama · 1855
- Herbert v. HanrickSupreme Court of Alabama · 1849
- William C. S. Ventress, Executors of Lovic Ventress, Deceased, in Error v. Neal Smith, Administrator of John Clark, DeceasedSupreme Court of the United States · 1836
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3Cited by40 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Hoffman v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1934
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Washington v. NorwoodSupreme Court of Alabama · 1900
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