Legal Opinion

Lee v. Leachman

Supreme Court of Alabama

Decided January 15, 1853PublishedCited by 3 opinions

Error to tbe Circuit Court of Greene. The record does not show the name of the presiding judge. Assumpsit by Lee against Leachman, as the administrator de bonis van of Lewis Oliver, deceased, on a promissory note made by said Oliver, dated May 15, 1837, and payable two years after date.

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Error to tbe Circuit Court of Greene. The record does not show the name of the presiding judge. Assumpsit by Lee against Leachman, as the administrator de bonis van of Lewis Oliver, deceased, on a promissory note made by said Oliver, dated May 15, 1837, and payable two years after date. Among other pleas, the defendant pleaded the statute of limitations; to which the plaintiff replied, that, after the death of said Oliver, Elizabeth Oliver was appointed his ad-ministratrix on the 11th November, 1839, by the Orphans’ Court of Greene; that said administratrix, afterwards, on the 11th January,…

1Opinion of the CourtPhelan, J.

We have repeatedly held, that when an administrator reported an estate insolvent, and his report was received by the Orphans’ Court, this, without more, previous to the act of 1843, gave that court jurisdiction over the estate as an insolvent estate. Clarke v. West, 5 Ala. 117; Steele v. Weaver, 20 Ala. 540, and cases there cited. This took away from all the creditors of the intestate, who did not have suits pending at the time, the right to sue in the ordinary way for the recovery of their demands, and merely allowed those who had suits pending, to proceed with them to have their demands…

2Cases cited4 opinions

  1. Clarke v. WestSupreme Court of Alabama · 1843
  2. Edwards v. GibbsSupreme Court of Alabama · 1847
  3. Barker v. MillardNew York Supreme Court · 1837
  4. Steele v. Weaver's ExecutorsSupreme Court of Alabama · 1852

3Cited by3 opinions

  1. Julian v. WoolbertSupreme Court of Alabama · 1919
  2. State Bank v. EllisSupreme Court of Alabama · 1857
  3. Reed's Adm'r v. MinellSupreme Court of Alabama · 1857

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