Hatchett v. Berney
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Austill. The bill in this case was filed on the 15th January, 1877, by W. T. Hatchett, as the administrator of the estate of Berry C. Owens, deceased, against James Berney; and sought the foreclosure of a mortgage on certain lots in the city of Montgomery, and an account of the mortgage debt.
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Austill. The bill in this case was filed on the 15th January, 1877, by W. T. Hatchett, as the administrator of the estate of Berry C. Owens, deceased, against James Berney; and sought the foreclosure of a mortgage on certain lots in the city of Montgomery, and an account of the mortgage debt. The mortgage, a copy of which was made an exhibit to the bill, was dated the 13th October, 1859, conveyed several city lots in Montgomery, and was given to secure the payment of five promissory notes of said Berney, payable to said…
1Opinion of the Court
BEICKELL, O. J.
— It is the settled doctrine of this court, and of the common law, that letters testamentary, or of administration, have no extra-territorial operation, and title derived from them extends, as matter of right, only to the personal assets which are found within the jurisdiction of the government from which they are derived. As a consequence of this doctrine, it is a general rule of the common law, that an executor, or administrator, though his letters may have been obtained at the last domicile of the deceased, and administrations in other jurisdictions would be merely…
2Cases cited12 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Noonan v. BradleySupreme Court of the United States · 1870
- United States Ex Rel. MacKey v. CoxeSupreme Court of the United States · 1856
- Wilkins v. EllettSupreme Court of the United States · 1870
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3Cited by13 opinions
- Hatas v. PartinSupreme Court of Alabama · 1965
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Phillips v. PhillipsSupreme Court of Alabama · 1925
- Saner-Ragley Lumber Co. v. SpiveyTexas Commission of Appeals · 1922
- Jefferson v. BeallSupreme Court of Alabama · 1897
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