Mitcham v. Moore
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Tried before Hon. James E. Cobb. This was an action by B. J. Moore, as the administrator of the estate of James T. Green, deceased, against Mitcham & Smith, to recover damages for the alleged conversion by the defendants of three bales of cotton, assets of said estate ; and it was commenced on 29th September, 1881. The defendants pleaded the general issue, and also filed three special pleas, in each of which they claimed by purchase from…
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Appeal from Chambers Circuit Court. Tried before Hon. James E. Cobb. This was an action by B. J. Moore, as the administrator of the estate of James T. Green, deceased, against Mitcham & Smith, to recover damages for the alleged conversion by the defendants of three bales of cotton, assets of said estate ; and it was commenced on 29th September, 1881. The defendants pleaded the general issue, and also filed three special pleas, in each of which they claimed by purchase from Mrs. Sarah A. Green, the widow of said decedent. The averments of the first and second of these special pleas are…
1Opinion of the Court
BRICKELL, C. J.-
— Exemptions of personal property to a widow, or if there be a minor child or children, to the widow and such child or children jointly, are of two classes. First, there is an exemption of designated and specified personal property, without regard to its value, which is absolute and unqualified, and is not, in any event, in anticipation of the distributive share to which either may be entitled on the final settlement and distribution of the estate. The title to this class of exemptions does not vest in the personal representative, and he has no duty to perform in reference to…
2Cases cited7 opinions
- Gresham v. WalkerSupreme Court of Alabama · 1846
- Simpson v. SimpsonSupreme Court of Alabama · 1857
- Tucker v. Henderson's Adm'rSupreme Court of Alabama · 1879
- Henderson's Adm'r v. TuckerSupreme Court of Alabama · 1881
- Falls v. WeissingerSupreme Court of Alabama · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Jackson v. WilsonSupreme Court of Alabama · 1897
- Pace v. EoffTexas Commission of Appeals · 1932
- Chamboredon v. FayetSupreme Court of Alabama · 1912
- Gamble v. KellumSupreme Court of Alabama · 1892
22 more not listed; retrieve them via the Exa API.