Baldwin v. Hatchett
Supreme Court of Alabama
Appeal from tbe Chancery Court of Montgomery. Heard, before tbe Hon. H. Austill, Tbe bill in tbis cause was filed on tbe 20th March, 1876, by W. T. Hatchett, as tbe administrator de bonis non of the estate of Samuel H. Cochran, deceased, against William O. Baldwin, Willis E. Calloway, and Jason G. Jones; and alleged the following facts : On the 28th April, 1859, said Cochran sold and conveyed to said Willis E. Calloway a large plantation in Montgomery county, together with…
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Appeal from tbe Chancery Court of Montgomery. Heard, before tbe Hon. H. Austill, Tbe bill in tbis cause was filed on tbe 20th March, 1876, by W. T. Hatchett, as tbe administrator de bonis non of the estate of Samuel H. Cochran, deceased, against William O. Baldwin, Willis E. Calloway, and Jason G. Jones; and alleged the following facts : On the 28th April, 1859, said Cochran sold and conveyed to said Willis E. Calloway a large plantation in Montgomery county, together with about thirty-five slaves, and all the mules and horses on the place, at the aggregate price of $60,000; and to secure the…
1Opinion of the CourtBbickell, C. J.
The bill is founded on two propositions, each of which we are constrained to answer negatively, and adversely to' the right preferred by the complainant. The first is, that Jones, the administrator of Cochran, was without power to release the mortgage executed by Calloway to the intestate in his life, without payment of the debt. We have, in two recent cases, been compelled to enter into a full consideration of the power of executors and administrators, in the absence of statutes restraining it, over the personal assets. The conclusion we reached is, that he has the full legal title to the…
2Cases cited7 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Field v. SchieffelinNew York Court of Chancery · 1823
- Gould v. HayesSupreme Court of Alabama · 1851
- West v. HendrixSupreme Court of Alabama · 1856
- Robinson v. FarrellySupreme Court of Alabama · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Nance v. GraySupreme Court of Alabama · 1904
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Graham v. GrahamSupreme Court of Alabama · 1918
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
6 more not listed; retrieve them via the Exa API.