Legal Opinion

Gayle v. Bancroft's Administrator

Supreme Court of Alabama

Decided January 15, 1853PublishedCited by 6 opinions

Error to the Circuit Court of Mobile. Tried before tbe Hon. LYMAN Gibbous. Trial or the right op prorerty in certain slaves, between Richard W. Gayle, as claimant, and George Bancroft, plaintiff in execution. Pending the suit, tbe plaintiff in execution. died, and tbe action was revived in tbe name of bis administrator, Charles Bancroft, against tbe objection of tbe claimant.

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Error to the Circuit Court of Mobile. Tried before tbe Hon. LYMAN Gibbous. Trial or the right op prorerty in certain slaves, between Richard W. Gayle, as claimant, and George Bancroft, plaintiff in execution. Pending the suit, tbe plaintiff in execution. died, and tbe action was revived in tbe name of bis administrator, Charles Bancroft, against tbe objection of tbe claimant. Before proceeding with tbe trial, and during tbe progress of tbe trial, tbe claimant made several objections to tbe rulings of tbe court, all of which will be readily understood from tbe statement of facts contained in…

1Opinion of the CourtPhelan, J.

If plaintiff in execution dies pending a trial of the right of property under the statute, can the pro • ceeding be revived in the name of his executor or administrator ? It would seem strange, that during the forty years this statute has been in force, and the great number of trials that have been had under it, this question has never before been presented for decision.

The question must be resolved by bringing this proceeding to the test of general principles, and the application of our statute respecting the abatement and revival of suits. That statute is in these words: “ When any suit…

2Cases cited9 opinions

  1. Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
  2. McBride v. ThompsonSupreme Court of Alabama · 1845
  3. Parsons v. BoydSupreme Court of Alabama · 1852
  4. Easly v. DyeSupreme Court of Alabama · 1848
  5. Frierson v. FriersonSupreme Court of Alabama · 1852

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Mahone v. WilliamsSupreme Court of Alabama · 1863
  2. McDonald v. StephensSupreme Court of Alabama · 1920
  3. Taylor v. PerrySupreme Court of Alabama · 1872
  4. First Nat. Bank of Mobile v. LartigueSupreme Court of Alabama · 1937
  5. Bradford v. ButtramSupreme Court of Alabama · 1921

1 more not listed; retrieve them via the Exa API.

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