Miller v. Jones' Administrator
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNStry. Detinue by Franklin (4. Kimball, ay administrator of Isaac Jones, deceased, against Thomas P. Miller, for a slave named Jane. The plaintiff ’a letters of administration, which were set out on oyer, were granted by the Probate Court of Mobile on the 28th day of December, 1852; and this action was commenced on the 30th of December in the same year.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNStry. Detinue by Franklin (4. Kimball, ay administrator of Isaac Jones, deceased, against Thomas P. Miller, for a slave named Jane. The plaintiff ’a letters of administration, which were set out on oyer, were granted by the Probate Court of Mobile on the 28th day of December, 1852; and this action was commenced on the 30th of December in the same year. The defendant pleaded— “ 1. That the plaintiff is not, nor ever hath been, administrator of the rights and credits, goods and chattels, which were of the said Isaac Jones,…
1Opinion of the CourtG-Oldthwaite, J.
—In England, as the power to grant letters testamentary, or of administration, is lodged exclusively in the Ecclesiastical Courts, the act of those courts in cases in which they have the power to act, has always been held conclusive (Cow. & Hill’s Ph. Ev., 1 vol. 343); and the same rule is applied in the same cases in this country, to those courts to which this power is given by statute. — Wells’ Will, 5 Litt. 214; Brown v. Gibbon, 1 Nott & McC. 236; 1 Pick. 535, 541; 14 ib. 280. But the sentences of these courts, like those of every other court, are assailable for want of jurisdiction, and…
2Cases cited2 opinions
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