Manly's Adm'r v. Turnipseed
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. • Tried before the Hon. S. D. Hale. This action was brought by M. J. Turnley, as the administrator of Washington Manly, deceased, to recover a negro woman named Elizabeth, and her five children ; and was commenced on the 12th March, 1857. The defendants pleaded, “in short by consent, no unques administrator, the statute of limitations of six years, and the general issue, with leave to give in evidence any matter that might be…
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Appeal from the Circuit Court of Calhoun. • Tried before the Hon. S. D. Hale. This action was brought by M. J. Turnley, as the administrator of Washington Manly, deceased, to recover a negro woman named Elizabeth, and her five children ; and was commenced on the 12th March, 1857. The defendants pleaded, “in short by consent, no unques administrator, the statute of limitations of six years, and the general issue, with leave to give in evidence any matter that might be specially pleaded.” The woman Elizabeth, as appeared from the evidence, adduced on the trial, belonged, to said Washington…
1Opinion of the CourtA. J. Walker, C. J.
The plaintiff’s intestate died in possession of the slaves, for the recovery of which this suit is brought, and had his domicile, at the time of his death, in Georgia. The defendants, and the person from whom they bought, have been in adverse possession for more than six years before the commencement of the suit. The plaintiff’s administration was obtained less than six years before the commencement of suit, and there had been no previous administration in this ’State. There was an administration in Georgia, more than six years before this suit was brought, *529and before the plaintiff was…
2Cases cited3 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Lawson's Adm'r v. Lay'sSupreme Court of Alabama · 1854
- Robinson v. RobinsonSupreme Court of Alabama · 1847
3Cited by8 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Dothard v. DensonSupreme Court of Alabama · 1882
- Hatas v. PartinSupreme Court of Alabama · 1965
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Hoffman v. WhiteSupreme Court of Alabama · 1890
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