Bobo v. Gunnels
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. On Feb’y 4th, 1882, the appellee, D. P. Gunnels, obtained a judgment against one Solomon Bean, as the administrator of the estate of D. E. Hawkins, deceased ; and on this judgment execution was issued, to be levied on the goods, chattels, lands, cited Bean v. Qhapman, 73 Ala. 140; Martin v. Ellerbe, 70 Ala. 341; Graves v. Flowers, 51 Ala. 402; 2 Brick. Dig. p. 138.
1Opinion of the CourtStone, C. J.
Our decisions have uniformly held that there is no privity between an administrator in chief and the administrator de bonis non. — Martin v. Ellerbe, 70 Ala. 326, 341, and authorities cited; Graves v. Flowers, 51 Ala. 402; Freeman on Judgments, § 163. Our statutes, however, have made some changes in the law defining the powers and liabilities of the administrator de bonis non, but they do not affect the case before ns. A judgment against an administrator in chief can not, under our statutes, be revived against the administrator de bonis non. There is no statute authorizing such a revivor. —…
2Cases cited6 opinions
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Bean v. ChapmanSupreme Court of Alabama · 1878
- Bean v. ChapmanSupreme Court of Alabama · 1882
- Graves's Administrator v. FlowersSupreme Court of Alabama · 1874
- Kirby's Adm'r v. AndersSupreme Court of Alabama · 1855
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