Gray's Adm'rs v. Cruise
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Nat. Cook. This action was brought by David N. McClanahan.-as the administrator de bonis non of John Gray, deceased, against William Cruise; and was commenced on the 10th August, 1857. The defendant pleaded, in" short by consent, the general issue, and ne ungues administrator; arid issue was joined on these pleas.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. Nat. Cook. This action was brought by David N. McClanahan.-as the administrator de bonis non of John Gray, deceased, against William Cruise; and was commenced on the 10th August, 1857. The defendant pleaded, in" short by consent, the general issue, and ne ungues administrator; arid issue was joined on these pleas. On the" trial, as the bill of exceptions shows, after the plaintiff bad proved his intestate’s ownership and possession at the time of his death oí the slaves in controversy, the defendant’s possession at the…
1Opinion of the Court
E., W. WALKEN, J.
The plaintiff sued as administrator de bonis'non of John Gray; and the general, charge of the court, that if the jury believed the evidence, the plaintiff was not entitled to recover, is sought to be sustained upon the ground, that the order of the probate court, by which he was appointed such administrator, was null and void.
The jurisdiction of the prohate court, in the matter of the grant of letters testamentary, and of administration, is original, general, and unlimited. It is, to that extent, *562a court of general, not of limited, or special jurisdiction; and hence its…
2Cases cited9 opinions
- Foot v. StevensNew York Supreme Court · 1837
- Morrow v. WeedSupreme Court of Iowa · 1856
- Hart v. SeixasNew York Supreme Court · 1839
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Cox v. Thomas' Adm'xSupreme Court of Virginia · 1852
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Clark v. RossierIdaho Supreme Court · 1904
- Whorton v. MoragneSupreme Court of Alabama · 1878
- Allen v. KellamSupreme Court of Alabama · 1881
- Macey v. StarkSupreme Court of Missouri · 1893
- Hall's Heirs v. HallSupreme Court of Alabama · 1872
26 more not listed; retrieve them via the Exa API.