McLaughlin v. Godwin
Supreme Court of Alabama
Error, to the Circuit Court of St. Clair. Tried before the Hon. Thomas A. Walker. The plaintiffs in error sued the defendant in error for the rent of certain lands belonging to the estate of their father, John McLaughlin, deceased. On the trial it was proved, that the defendant rented said lands, as the administrator of said John McLaughlin, for four years, and had not complied with the terms of the lease.
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Error, to the Circuit Court of St. Clair. Tried before the Hon. Thomas A. Walker. The plaintiffs in error sued the defendant in error for the rent of certain lands belonging to the estate of their father, John McLaughlin, deceased. On the trial it was proved, that the defendant rented said lands, as the administrator of said John McLaughlin, for four years, and had not complied with the terms of the lease. The defendant offered to prove that he had made a final settlement of the administration, and on such settlement had accounted for the rent; but it did not appear that the plaintiffs, who…
1Opinion of the CourtGoldth Waite, J.
It is unnecessary to decide the points which have been raised as to whether the lease made by the defendant in error, as the administrator of McLaughlin, was void in consequence of the requisitions of the statute (Clay’s Dig. 199 § 36) not having been complied with, or whether the settlement made by him as such administrator was erroneously admitted as evidence, as, conceding that both positions are sustainable, still the record shows enough to sustain the charge of the court.
The law allows the widow to retain possession of the dwelling-house in which her husband resided next before his…
2Cases cited1 opinion
- Inge v. MurphySupreme Court of Alabama · 1848
3Cited by9 opinions
- Whitehead v. BoutwellSupreme Court of Alabama · 1928
- Boynton v. SawyerSupreme Court of Alabama · 1860
- Chastain & Lawrence v. ArmstrongSupreme Court of Alabama · 1887
- Callahan v. NelsonSupreme Court of Alabama · 1900
- Oakley v. OakleySupreme Court of Alabama · 1857
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