Whitlock's Adm'r v. Whitlock's Creditors
Supreme Court of Alabama
Appeal from the Court of Probate of Limestone., ON the final settlement .of the estate of Achilles Whitlock, deceased, which had been declared insolvent, the creditors-moved the court to charge the administrator de horns non with the value and amount of certain goods, which had been sold by him under the following circumstances : A judgment having been rendered against said Whitlock in his life-time, an execution was issued thereon on the 29th of April, 1846, which was…
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Appeal from the Court of Probate of Limestone., ON the final settlement .of the estate of Achilles Whitlock, deceased, which had been declared insolvent, the creditors-moved the court to charge the administrator de horns non with the value and amount of certain goods, which had been sold by him under the following circumstances : A judgment having been rendered against said Whitlock in his life-time, an execution was issued thereon on the 29th of April, 1846, which was returned “ no property found.” Whitlock died on the 9th day of February, 1847, and bn the 8th day of March thereafter'…
1Opinion of the CourtG-Oldthw Aite, J.
¡¡¡The execution wbicb was issued on the 8th day of March, 1847, was void, Whitlock having died in February previous, and more than a term having elapsed since any execution had been sued out.—Collingsworth v. Horn, 4 S. & P. 237; Holloway v. Johnson, 7 Ala. 660; Henderson v. Gandy, 11 ib. 431. The sheriff who levied the execution was consequently liable to Whitlock’s administrator, who was in law the owner of the property, in trespass; or, as he had sold the goods, and received the money, — the administrator could have waived the trespass, and recovered the amount of the sale (Upchurch v.…
2Cases cited3 opinions
- Upchurch v. NorsworthySupreme Court of Alabama · 1849
- Purdom v. TiptonSupreme Court of Alabama · 1846
- Holloway v. JohnsonSupreme Court of Alabama · 1845
3Cited by5 opinions
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Meyer v. HearstSupreme Court of Alabama · 1883
- Breitling's Administrators v. Clarke & Co.Supreme Court of Alabama · 1873
- Parks v. ParksSupreme Court of Alabama · 1942