Carter v. Hinkle
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. Trover by plaintiff in error, against the defendant in error, to recover various articles of property, named in the statute of this state, as exempt from sale, by an administrator' of intestate’s estate, or executors, and reserved for the use of the family. The defendant pleaded — 1. Not guilty. 2. That the subject matter of this suit had been adjudicated, in the orphans’ court of Lowndes.
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Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. Trover by plaintiff in error, against the defendant in error, to recover various articles of property, named in the statute of this state, as exempt from sale, by an administrator' of intestate’s estate, or executors, and reserved for the use of the family. The defendant pleaded — 1. Not guilty. 2. That the subject matter of this suit had been adjudicated, in the orphans’ court of Lowndes. The plaintiff took issue on the first plea, and demurred to the second. From a bill of exceptions it appears, that the plaintiff is the…
1Opinion of the CourtChilton, J.
By the act of 1826, (Dig. 196, § 20,) it is provided, that “ the dead victuals, and liquors which, at the *533death of any testator, or intestate, shall have been laid in for consumption in his family, shall not be sold by the executor, or administrator, but shall remain for the use of said family, without any account thereof being made. If, however, before their final consumption, any child shall leave the family, such child shall have a right to carry with him, or her, an equal share of what shall then be on hand.” It was further enacted, by a statute of the succeeding year, (Dig. 196, § 21,) “…
2Cited by11 opinions
- City of Huntsville v. MillerSupreme Court of Alabama · 1958
- Clark v. KnoxSupreme Court of Alabama · 1881
- Ellison v. StateCourt of Criminal Appeals of Alabama · 1975
- Tucker v. Henderson's Adm'rSupreme Court of Alabama · 1879
- Taylor's Administrator v. Taylor's ChildrenSupreme Court of Alabama · 1875
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