Vandegrift v. Abbott.
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Tried before Joim Henderson, Esquire, Special Judge. This was an action on a promissory note, brought by James R. Yandegrift, as the administrator of the estate of John J. Abbott, deceased, against W. R. Abbott, J. W. Casper and J. B. Robinson, the makers of the note.
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Appeal from St. Clair Circuit Court. Tried before Joim Henderson, Esquire, Special Judge. This was an action on a promissory note, brought by James R. Yandegrift, as the administrator of the estate of John J. Abbott, deceased, against W. R. Abbott, J. W. Casper and J. B. Robinson, the makers of the note. The defendants pleaded, among other things, the following plea : “ That the plaintiff, as the administrator of the estate of the said John J. Abbott, •deceased, rented at public outcry the lands belonging to said estate, and that, at said renting, the plaintiff, as such adminis-ti'ator,…
1Opinion of the CourtBrickell, C. J.
1. An administrator has by statute the power, and the power comprehends the duty of renting the lands of the intestate.- — Code of 1876, § 2446. The power and duty will authorize him to make such repairs as are necessary to render the lands tenantable; otherwise it will be incapable of just and prudent exercise. But if the argument of the counsel for the appellant were conceded, and, without authority, upon renting the lands, an administrator should stipulate with the tenant for the making of repairs, he could not avoid the stipulation ; it would be binding upon him, would inhere to the…
2Cases cited9 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
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