Rambo v. Wyatt's Adm'r
Supreme Court of Alabama
[DBTIN0B H>K SLAVES.] Appeal from tbe Circuit Court of Lowndes. Tried before tbe Hon. JohN Gill Shorter. This action was brought by Thomas M. Williams, as the administrator de bonis non of the estate of Peter Wyatt, deceased, to recover certain slaves, to-wit, a negro woman named Maria, and her five children, which had belonged to said intestate in his life-time, and which the defendant claimed under a purchase, in 1845, from one Benjamin Mock, who derived title to them, in…
Read the full summary
[DBTIN0B H>K SLAVES.] Appeal from tbe Circuit Court of Lowndes. Tried before tbe Hon. JohN Gill Shorter. This action was brought by Thomas M. Williams, as the administrator de bonis non of the estate of Peter Wyatt, deceased, to recover certain slaves, to-wit, a negro woman named Maria, and her five children, which had belonged to said intestate in his life-time, and which the defendant claimed under a purchase, in 1845, from one Benjamin Mock, who derived title to them, in 1837, by a purchase from Mrs. Mary E. Wyatt, the widow and administratrix in chief of said intestate. The pleas were, “…
1Opinion of the CourtWalker, J.
The question of this appeal is, whether the administration de bonis non of the appellee, who was the plaintiff below, is valid. The solution of this question turns upon the point, whether the administration ivas vacant at the time of the appointment. — Matthews, adm’r, v. Douthitt and Wife, 27 Ala. 273. Of the two representatives first appointed, one was dead, and the other, being the widow of the deceased, had married, and, with her husband, removed from the State. There had never been any settlement of the estate ; and the feme covert adminis-tratrix, in writing, subscribed by her, but not…
2Cases cited3 opinions
- Matthews v. DouthittSupreme Court of Alabama · 1855
- Kavanaugh v. ThompsonSupreme Court of Alabama · 1849
- Jackson v. ShipmanSupreme Court of Alabama · 1856
3Cited by10 opinions
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Allen v. KellamSupreme Court of Alabama · 1881
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Jones v. AndersonSupreme Court of Alabama · 1884
- Morgan v. CaseySupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.