Godbold v. Roberts
Supreme Court of Alabama
Error to the Circuit Court of Monroe. Tried before the Hon. John Bragg. This was an action of assumpsit by the plaintiff in error against the defendant, as administrator de bonis non of William Godbold, deceased, to recover the value of certain property which had been sold by the administrators in chief, and which the declaration alleges was by law exempt from sale. The declaration 'contains a special count, and the common counts for money had and received, &c.
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Error to the Circuit Court of Monroe. Tried before the Hon. John Bragg. This was an action of assumpsit by the plaintiff in error against the defendant, as administrator de bonis non of William Godbold, deceased, to recover the value of certain property which had been sold by the administrators in chief, and which the declaration alleges was by law exempt from sale. The declaration 'contains a special count, and the common counts for money had and received, &c. The special count sets forth the sale of the property by the administrators in chief, and the receipt of the money, “whereby they…
1Opinion of the CourtChilton, J.
The defendant in error, even conceding that the money sought to be recovered had been received by him from the administrator in chief, would not be liable, as administrator, to respond to the plaintiff.
The case of Burdine v. Roper, 7 Ala. Rep. 466, is directly in point, to show that this action cannot be maintained against the defendant in his representative character. If the administrator in chief, or the defendant as administrator de bonis non, had actually executed a note as such representative, for the payment to the plaintiff of the money here sought to be recovered, it is well settled…
2Cases cited2 opinions
- Burdine v. RoperSupreme Court of Alabama · 1845
- Williams v. HinkleSupreme Court of Alabama · 1849
3Cited by8 opinions
- Campbell v. American Bonding Co.Supreme Court of Alabama · 1911
- Manegold v. BeavanSupreme Court of Alabama · 1914
- Daily's Adm'r v. DailySupreme Court of Alabama · 1880
- Alabama State Bank v. GlassSupreme Court of Alabama · 1886
- Bartlett v. JenkinsSupreme Court of Alabama · 1925
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