Steele v. Wyatt's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Andrew B. Moore. Detinue by the appellee, who is the administrator de bonis non of Peter Wyatt, deceased, for a slave named Jeff. The pleas were, the general issue and the statute of limitations. Verdict and judgment for the plaintiff below.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Andrew B. Moore. Detinue by the appellee, who is the administrator de bonis non of Peter Wyatt, deceased, for a slave named Jeff. The pleas were, the general issue and the statute of limitations. Verdict and judgment for the plaintiff below. On the trial a bill of exceptions was allowed, by which it appears that Peter Wyatt died in Lowndes County, in 1833, in possession of the slave in question, and owned'him ; that Mary Ann E. Wyatt, his widow and relict, with one William N. Mock, her brother, administered on the estate, and…
1Opinion of the CourtGibbons, J.
The first charge of the court to the jury was, that the several orders above set out did not confer upon the administrators in chief authority to sell the slaves, and that such sale was void ; meaning, we presume, that such sale was void as against the plaintiff in the action, for as against the administrators in chief it was not void, as is shown in a subsequent charge of the court, where it states that the administrators in chief would be estopped by their sale from asserting a title in their names. Giving to the charge this interpretation, *768the question is, whether the court was or was not…
2Cited by2 opinions
- Harris v. ParkerSupreme Court of Alabama · 1868
- Wyatt's Adm'r v. SteeleSupreme Court of Alabama · 1855