King v. Griffin
Supreme Court of Alabama
Weit of error to the County Court of Talladega. The defendant in error declared against the plaintiffs in debt, thus: “David A. Griffin, who sues for the use of Solomon Spence, sheriff of Talladega county, and successor of said David A. Griffin, by attorney, complains of,” &c. and then alleges that the defendants made and delivered to the plaintiff, their promissory note, by which they “promised to pay, six months after the date thereof, (which period is elapsed) to the…
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Weit of error to the County Court of Talladega. The defendant in error declared against the plaintiffs in debt, thus: “David A. Griffin, who sues for the use of Solomon Spence, sheriff of Talladega county, and successor of said David A. Griffin, by attorney, complains of,” &c. and then alleges that the defendants made and delivered to the plaintiff, their promissory note, by which they “promised to pay, six months after the date thereof, (which period is elapsed) to the plaintiff, by the name of David A. Griffin, sheriff! and administrator of the estate of John Calhoun, &c.” The breach…
1Opinion of the CourtCollier, C. J.
1. It has been repeatedly decided, that the assets which come to the hands of an administrator’, pass to his successor if he dies, resigns, or is removed before he administers them. Under the influence of this principle, the administrator de bonis non, becomes entitled to the bonds, notes, &c. which his predecessor had in his hands when his representative functions ceased. [Caller’s ex’rx v. Boykin & Bassett, Minor’s Rep. 206; King v. Green, et al. 2 Stew’t Rep. 133; Harbin v. Levi at this term.]
The question is, does the declaration show that the note, the amount of which is sought to be…
2Cases cited1 opinion
- Coburn v. AnsartMassachusetts Supreme Judicial Court · 1807
3Cited by6 opinions
- Moseley's Adm'r v. MastinSupreme Court of Alabama · 1861
- Townsend v. Jeffries' Adm'rSupreme Court of Alabama · 1854
- Spence v. RutledgeSupreme Court of Alabama · 1847
- Strickland's Adm'r v. WalkerSupreme Court of Alabama · 1861
- Wagner v. ChenaultSupreme Court of Alabama · 1845
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