Legal Opinion

Andrews v. Burns

Supreme Court of Alabama

Decided January 15, 1847PublishedCited by 1 opinion

Error to the Orphans’ Court of Dallas. Richard Hall was appointed administrator of the estate of William A. Hall, deceased, in October, 1844; and some time after obtained an order for the sale of the personal property, which sale was returned as made, on the 18th January, 1845. In May, 1846, he reported the estate insolvent, and the court so declared it.

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Error to the Orphans’ Court of Dallas. Richard Hall was appointed administrator of the estate of William A. Hall, deceased, in October, 1844; and some time after obtained an order for the sale of the personal property, which sale was returned as made, on the 18th January, 1845. In May, 1846, he reported the estate insolvent, and the court so declared it. In July, 1846, Richard Hall died, and the plaintiffs in error became his administrators, and the defendant in error was appointed administrator de bonis non of the estate of W. A. Hall. The plaintiffs in error having filed their account for a…

1Opinion of the CourtOrmond, J.

The court erred in refusing to credit the administrator with the amount paid Andrews on the mort*694gage. Although the mortgage was not recorded, it was nevertheless binding on*the mortgagor and his administrator, and the latter could not prevent a sale of the slaves for the satisfaction of the debt secured by it. The arrangement which he made, to relieve the slaves from the lien, was beneficial to the estate, they being worth more than the mortgage debt, and was in effect the same, as if the mortgagee had caused the sale to be made, and. paid him over the surplus.

The omission to register the…

2Cases cited1 opinion

  1. Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846

3Cited by1 opinion

  1. Kirkpatrick v. Caldwell's AdministratorsIndiana Supreme Court · 1869

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