Swink's Adm'r v. Snodgrass
Supreme Court of Alabama
Error to the Circuit Court of Madison. Tried before the Hon. Thos. A. Walker. The plaintiff, as administrator de bonis non of George Swink, deceased, brought an action of detinue against the defendant in error, to recover certain slaves. On the trial it appeared that the slaves belonged to the intestate at the time of bis death.
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Error to the Circuit Court of Madison. Tried before the Hon. Thos. A. Walker. The plaintiff, as administrator de bonis non of George Swink, deceased, brought an action of detinue against the defendant in error, to recover certain slaves. On the trial it appeared that the slaves belonged to the intestate at the time of bis death. It was also shown that the administrator in chief obtained an order from the Orphans’ Court to sell the slaves and other personal property of the'estate, by virtue of which he offered the slaves for sale at public auction. On the day of the sale, they were levied on…
1Opinion of the CourtDargan, C. J.
It is very clear that the Bank obtained no titles to the slaves on account of the sale under the execution against George Swink, the intestate, for the judgment on which it issued was rendered after his death. The judgment as to him was void ; no execution could issue upon it, nor could a purchaser under the execution, issued against the deceased, acquire any title. — Snodgrass v. Cabiness, 15 Ala. 160.
An administrator de bonis non is entitled to all the goods of the deceased that remain unadministered, after the death or removal from office of the administrator in chief. In the case of…
2Cases cited1 opinion
- Snodgrass v. CabinessSupreme Court of Alabama · 1849
3Cited by18 opinions
- United States Ex Rel. Wilson v. WalkerSupreme Court of the United States · 1883
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
- Sayre v. WeilSupreme Court of Alabama · 1891
- Deans v. WilcoxonSupreme Court of Florida · 1889
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