Allen v. Kellam
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Tried before Hon. James E Cobb. • This action was brought by John W. Kellarn and Robert L. ICellam, heirs at law of James W. Kellarn, deceased, against. J. F. Davis, as tenant in possession of D. G. Allen, for the recovery of a lot of land in the town of LaFayette, in Chambers-County, in this State, and was .commenced on 1st August,-1881. Prior to the trial D. G. Allen, the landlord, was, on his motion, made a party defendant.
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Appeal from Chambers Circuit Court. Tried before Hon. James E Cobb. • This action was brought by John W. Kellarn and Robert L. ICellam, heirs at law of James W. Kellarn, deceased, against. J. F. Davis, as tenant in possession of D. G. Allen, for the recovery of a lot of land in the town of LaFayette, in Chambers-County, in this State, and was .commenced on 1st August,-1881. Prior to the trial D. G. Allen, the landlord, was, on his motion, made a party defendant. The judgment entry recites that. “ issue was joined between the parties,” but the recor’d fails to show any pleadings subsequent to…
1Opinion of the CourtSomeryille, J.
It has been decided by this court, that
The probate of wills and the grant of letters of administration, by the probate courts of this State during the late war between the States, were perfectly legal and valid; and' that a subsequent grant of letters, without a revocation of those already granted, would be a nullity, there being no .vacancy in the administration. And the contrary doctrine, as held in Bibb (& Falkner v. Avery, 45 Ala. 691, was expressly repudiated in Nelson, Adm’r, v. Boynton, 54 Ala. 368.
Under this principle, the appointment of Spence as administrator of the estate of Kellam…
2Cases cited21 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- McDowell v. JonesSupreme Court of Alabama · 1877
- Riggs v. FullerSupreme Court of Alabama · 1875
- Childress v. MonetteSupreme Court of Alabama · 1875
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Standifer v. SwannSupreme Court of Alabama · 1884
- Nelson v. KellySupreme Court of Alabama · 1890
- Dinkins v. LathamSupreme Court of Alabama · 1907
23 more not listed; retrieve them via the Exa API.