Tarver v. Haines
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. This action was brought by tbe appellants, wbo were children and heirs-at-law of Benjamin E. Tarver, deceased, to recover the possession of a plantation in said county, of which the said Benjamin E. Tarver was seized and possessed at the time of his death, and which the defendant held and claimed under mesne conveyances from B. C. Tarver as the executor of said Benjamin E. Tarver.
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. This action was brought by tbe appellants, wbo were children and heirs-at-law of Benjamin E. Tarver, deceased, to recover the possession of a plantation in said county, of which the said Benjamin E. Tarver was seized and possessed at the time of his death, and which the defendant held and claimed under mesne conveyances from B. C. Tarver as the executor of said Benjamin E. Tarver. The action was commenced on the 20th of May, 1874. The said Benjamin E. Tarver died in said county of Montgomery, where he resided,…
1Opinion of the Court
BRICKELL, C. J. —
At common law, if a naked power was given by will, to two or more persons as executors, to sell lands, it was incapable of valid execution, unless all on whom it was conferred joined. If one died, or renounced the executorship, the surviving or acting executors could not make the sale. It was also the rule, that if the power was coupled with an interest, then, if one or more died, or renounced, it would survive, and was capable of execution by the acting executors. If there was a devise to executors by name, with directions to sell, the descent to the heir was intercepted,…
2Cases cited5 opinions
- Osgood v. FranklinNew York Court of Chancery · 1816
- Clay v. HartCourt of Appeals of Kentucky · 1838
- Wooldridge's heirs v. WatkinsCourt of Appeals of Kentucky · 1814
- Lucas v. Doe ex dem PriceSupreme Court of Alabama · 1843
- Bartlett v. SutherlandCourt of Appeals of Mississippi · 1852
3Cited by16 opinions
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Rannels v. RoweCourt of Appeals for the Eighth Circuit · 1906
- Mitchell, Adm'r v. SpenceSupreme Court of Alabama · 1878
- Snow v. BraySupreme Court of Alabama · 1916
11 more not listed; retrieve them via the Exa API.