Legal Opinion

Green's Administrator v. Scarborough

Supreme Court of Alabama

Decided January 15, 1873PublishedCited by 2 opinions

Appeal from tbe Circuit Court of Russell. Tried before tbe Hon. L. B. Strange. This action was brought by C. M. Hooper, as tbe administrator de honis non of tbe estate of Hartwell B. Green, deceased, against R. P. Scarborough, to recover tbe possession of a certain tract of land in said county, wbicb belonged to said H. B. Green at tbe time of bis death, and was sold on tbe 29th day of January, 1862, by W. W. Harris and John W. Purifoy as his administrators, under an order…

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Appeal from tbe Circuit Court of Russell. Tried before tbe Hon. L. B. Strange. This action was brought by C. M. Hooper, as tbe administrator de honis non of tbe estate of Hartwell B. Green, deceased, against R. P. Scarborough, to recover tbe possession of a certain tract of land in said county, wbicb belonged to said H. B. Green at tbe time of bis death, and was sold on tbe 29th day of January, 1862, by W. W. Harris and John W. Purifoy as his administrators, under an order of the Probate Court of said county; the defendant claiming title under the purchasers at said administrators’ sale.…

1Opinion of the CourtB. F. Saffold, J.

—On the 4th of December, 1861, Harris and Purifoy were appointed administrators of the estate of Hartwell B. Green. In April, 1862, they sold the lands of the estate under an order of the Probate Court. In October, 1862, John A. Green was appointed administrator de bonis non, Harris having died, and Purifoy “ being absent from the State in the army of the Confederate States.” No record appears of the formal removal of Purifoy. While acting as administrator, Green executed a deed to the purchaser, under whom the appellee claims. In 1867, the appointment of Green was set aside as null and void,…

2Cases cited2 opinions

  1. Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
  2. Griffin v. Ryland & BurnsSupreme Court of Alabama · 1871

3Cited by2 opinions

  1. Lethbridge v. LauderWyoming Supreme Court · 1904
  2. Hooper v. ScarboroughSupreme Court of Alabama · 1877

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