State ex rel. Craft v. Williams
Supreme Court of Alabama
Appeal from tlie Circuit Court of Mobile. Tried before the I-Iou. William S. Anderson. The State of Alabama, on the relation of John Craft, as administrator dc bonis non of the estate of B. IT. Stoutz, deceased, filed his petition addressed to the Hon. William S. Anderson, as judge of the circuit court of Mobile county, asking for the issuance of a writ of mandamus. In this petition the following facts were disclosed: B. IT.
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Appeal from tlie Circuit Court of Mobile. Tried before the I-Iou. William S. Anderson. The State of Alabama, on the relation of John Craft, as administrator dc bonis non of the estate of B. IT. Stoutz, deceased, filed his petition addressed to the Hon. William S. Anderson, as judge of the circuit court of Mobile county, asking for the issuance of a writ of mandamus. In this petition the following facts were disclosed: B. IT. Stoutz died on November 11, 1888. On December 3, 1888, Gaylord B. Clarke was appointed administrator of the estate of said B. IT. Stoutz, deceased. On December 21, 1891,…
1Opinion of the CourtTyson, J.
Confessedly, at the date the revivor was attempted, the debts, for the payment of which the lands are sought to be subjected, were barred by the statute of limitations, more than six years and six months having elapsed between their maturity and the making of the motion for the order or revivor, unless the order of sale granted on the petition of the administrator in chief, sought to be revived and enforced by this appellant, precludes the heirs of those succeeding to their title or interest in the lands from invoking the defense. The vital question presented for our consideration is, whether…
2Cases cited4 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Ford v. Ford's Adm'rSupreme Court of Alabama · 1880
- McCalley v. Robinson's Adm'rSupreme Court of Alabama · 1881
- Speers v. BanksSupreme Court of Alabama · 1896
3Cited by5 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- In Re Estate of SmithSupreme Court of Iowa · 1949
- In Re Potter's EstateWyoming Supreme Court · 1964
- Mayer v. KornegaySupreme Court of Alabama · 1907
- Potter v. Northern Development Co.Wyoming Supreme Court · 1964