Ward v. Bevill
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. The plaintiff in error declared against the defendants in assumpsit, for work and labor done, for money lent and advanced to, and money had and received by the supposed testator in his lifetime. Issues were joined and the cause submitted to a jury, who returned a verdict for the defendants, and judgment was rendered accordingly.
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Writ of Error to the Circuit Court of Sumter. The plaintiff in error declared against the defendants in assumpsit, for work and labor done, for money lent and advanced to, and money had and received by the supposed testator in his lifetime. Issues were joined and the cause submitted to a jury, who returned a verdict for the defendants, and judgment was rendered accordingly. A bill of exceptions was sealed at the instance of the plaintiff, from which it appears that evidence was adduced tending to show that William Yarborough, deceased, had made an absolute gift of a female slave named Jenny,…
1Opinion of the CourtCollier, C. J.
It is laid down in general terms, that taking the goods of an intestate, or any intermeddling therewith by a stranger, will, as it respects creditors make him an executor de so n tort. [Densler, Ex’r, &c. v. Edwards, 5 Ala. Rep, 31; 1 Lomax on Ex. 76 ; 3 Litt. Rep. 163; 5 J. J. Marsh. Rep. 170; 12 Conn. Rep. 313; 4 Mass. Rep. 654;] Every act of intermeddling will not however charge a man as an executor in his own wrong; if the interference is conservative merely, no such consequence will result from it. [1 Wins, on Ex. 139-40 ; 1 Lomax on Ex. 77; 4 McC. Rep. 286.] So if a person set up a…
2Cases cited3 opinions
- East-Haddam Bank v. ScovilSupreme Court of Connecticut · 1837
- Mitchel v. LuntMassachusetts Supreme Judicial Court · 1808
- Skinner v. FriersonSupreme Court of Alabama · 1846
3Cited by7 opinions
- Willingham v. RushingSupreme Court of Georgia · 1898
- Lowery v. LowerySupreme Court of Alabama · 1932
- Arledge v. EllisonSupreme Court of Alabama · 1945
- Johnston v. JohnstonSupreme Court of Alabama · 1951
- Duhaime v. RoweSupreme Court of Iowa · 1922
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