Consolidated Mercantile Co. v. Warren
Alabama Court of Appeals
Appeal from Henry Circuit Court. Heard before Hon. M. Sollie. Detinue by Delphie Warren against W. M. Mitchell for a bale of cotton and certain cotton seed. Defendant Mitchell interposed a sworn affidavit denying any claim to the property, and setting up that it was owned and claimed by the Consolidated Mercantile Company. During the progress of the cause Mrs. Delphie Warren died, and the cause was revived in the name of R. L. Warren as administrator.
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Appeal from Henry Circuit Court. Heard before Hon. M. Sollie. Detinue by Delphie Warren against W. M. Mitchell for a bale of cotton and certain cotton seed. Defendant Mitchell interposed a sworn affidavit denying any claim to the property, and setting up that it was owned and claimed by the Consolidated Mercantile Company. During the progress of the cause Mrs. Delphie Warren died, and the cause was revived in the name of R. L. Warren as administrator. Judgment for plaintiff, and defendant appeals. Plaintiff claimed under a mortgage given by J. M. Dansey, to Delphie Warren, and that the cotton…
1Opinion of the Court
BROWN, J.(1) The manifest purpose of section 2803, Code 1907, providing, “No suit must be commenced against an executor or administrator, as such, until six months, and no judgment rendered against him, as such, until twelve months after the grant of letters testamentary or of administration,” is to protect the estate and to prevent claims being established against it by judicial proceedings until the personal representative has had ample opportunity to ascertain the condition of the estate and the true status of the claims against it; and suits by the personal representative to recover the…
2Cases cited12 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- McGehee v. StateSupreme Court of Alabama · 1875
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Hendricks v. ClemmonsSupreme Court of Alabama · 1906
- Massey v. SmithSupreme Court of Alabama · 1882
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