Blair v. Murphree
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the John P. Hubbard. This was an action of detinue by the appellee, Joel D. Murphree, as administrator of the estate of John Blair, deceased, against the appellant, Malinda Blair, the widow of said deceedent, for the recovery of certain cotton, part of a crop planted and in process of cultivation by the decedent at the time of his death. The plea was the general -issue, “non detinet.”
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Appeal from the Circuit Court of Pike. Tried before the John P. Hubbard. This was an action of detinue by the appellee, Joel D. Murphree, as administrator of the estate of John Blair, deceased, against the appellant, Malinda Blair, the widow of said deceedent, for the recovery of certain cotton, part of a crop planted and in process of cultivation by the decedent at the time of his death. The plea was the general -issue, “non detinet.” The plantation upon which the cotton sued for was grown, was the residence of the decedent at the time of his death, which occurred in July, 1884, and the…
1Opinion of the Court
STONE, C. J.-
— In Tayloe v. Bush, 75 Ala. 432, speaking of sections 2439, 2440 of the Code of 1876, this court said: “Crops having been planted, and in the course of cultivation at the death of the intestate, it was the duty of Bush, as administrator in chief, prescribed and imposed by the statute, to continue the cultivation, to gather and prepare them for market, and to make sale of them.” In that case the administrator had taken control of the crop, had completed, gathered and marketed it; and the proceeds, falling below the expenses he had incurred, it was objected, on his settlement,…
2Cases cited5 opinions
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Tayloe v. BushSupreme Court of Alabama · 1883
- Talbot v. HillIllinois Supreme Court · 1873
- Dennett v. HopkinsonSupreme Judicial Court of Maine · 1873
- Street v. SaundersSupreme Court of Arkansas · 1872
3Cited by6 opinions
- Snead v. ScottSupreme Court of Alabama · 1913
- Marx v. NelmsSupreme Court of Alabama · 1891
- Lang v. StateAlabama Court of Appeals · 1959
- Naftel v. OsbornSupreme Court of Alabama · 1893
- Dutton v. SwannSupreme Court of Alabama · 1929
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