Horton v. Smith
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. - The plaintiff in error sued out an attachment on the 14th October, 1842, against the estate of Lewis B. Talliaferro, who it was alledged, resided without the limits of this State; which being levied by the sheriff of Lowndes, on certain slaves, the defendant in error interposed a claim, and gave bond with surety, for the trial of the right, as provided by statute.
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Writ of Error to the Circuit Court of Lowndes. - The plaintiff in error sued out an attachment on the 14th October, 1842, against the estate of Lewis B. Talliaferro, who it was alledged, resided without the limits of this State; which being levied by the sheriff of Lowndes, on certain slaves, the defendant in error interposed a claim, and gave bond with surety, for the trial of the right, as provided by statute. An issue was made up, and tried by a jury, who returned a verdict for the claimant, and a judgment was rendered accordingly. At the trial, a bill of exceptions was sealed, at the…
1Opinion of the CourtCollier, C. J.
In Wier v. Davis and Humphries, 4 Ala. Rep, 442, it appears, that an administratrix sold, at private sale, a slave belonging to the estate of her intestate; that afterwards, a creditor obtained a judgment against her, in her representative character, and caused an execution issued thereon, to be levied on the slave, in the possession of a person who had purchased from the vendee of the administratrix. It was held, that an administrator is not authorized to sell the personal estate of his intestate at private sale, and the purchaser, under such circumstances, does not acquire a valid title.…
2Cases cited4 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Goodwin v. LloydSupreme Court of Alabama · 1838
- Hoffman v. LivingstonNew York Court of Chancery · 1814
- Commonwealth ex rel. McChord v. AbellCourt of Appeals of Kentucky · 1831
3Cited by7 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Martinez v. LindseySupreme Court of Alabama · 1890
- Parsons v. JosephSupreme Court of Alabama · 1890
- Lenoir v. RaineySupreme Court of Alabama · 1849
- Bartlett v. Varner'sSupreme Court of Alabama · 1876
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