Ragland v. Calhoun's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Talladega. The appellants in this case were the sureties of Solomon Spence, on his official bond as sheriff of Talladega couuty, dated the 7th February, 1842. On the 17th March, 1842, letters of administration de bonis non on the estate of John 0. Calhoun, deceased, were granted to said Spence, by virtue of his office of sheriff.
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Appeal from the Probate Court of Talladega. The appellants in this case were the sureties of Solomon Spence, on his official bond as sheriff of Talladega couuty, dated the 7th February, 1842. On the 17th March, 1842, letters of administration de bonis non on the estate of John 0. Calhoun, deceased, were granted to said Spence, by virtue of his office of sheriff. On the 6th May, 1845, after the expiration of his term of office as sheriff', said Spence was appointed, on his individual application, administrator de bonis non of said decedent; and thereupon gave a new bond, as such administrator,…
1Opinion of the CourtB. W. Walker, J.
The act of 1821 provided for the grant of administration to the sheriff or coroner of the county, where no other administrator had qualified, or where the administration had become vacant by death, removal or resignation ; and enacted that, in such case, “unless the judge shall otherwise order, no other oath, bond or security, shall be necessary to begiveiij than the bond and oath of office already taken and given by such sheriff or coroner; but, on his bond for the performance of the duties of his office, he and his securities shall be liable for his administration, and such bond maybe sued,…
2Cases cited8 opinions
- Watts v. GayleSupreme Court of Alabama · 1852
- Perkins v. MooreSupreme Court of Alabama · 1849
- Williamson v. HowellSupreme Court of Alabama · 1843
- McClure v. ColcloughSupreme Court of Alabama · 1843
- Slatter v. GloverSupreme Court of Alabama · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Landford v. DunklinSupreme Court of Alabama · 1882
- Smyley v. ReeseSupreme Court of Alabama · 1875
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
9 more not listed; retrieve them via the Exa API.