Vanderveer v. Alston
Supreme Court of Alabama
Error to the Chancery Court of Montgomery. Heard before the Hon. A. Crenshaw, chancellor. The bill in this case was filed by the plaintiff against the defendants in error, and makes in substance the following case Elizabeth Kelly died in 1833, intestate, possessed of several slaves and owing debts to the amount of $115 only.
Read the full summary
Error to the Chancery Court of Montgomery. Heard before the Hon. A. Crenshaw, chancellor. The bill in this case was filed by the plaintiff against the defendants in error, and makes in substance the following case Elizabeth Kelly died in 1833, intestate, possessed of several slaves and owing debts to the amount of $115 only. Benjamin G. Lathrop, who was the husband of a sister of the intestate and her sole distributee, immediately after the death of Mrs. Kelly, paid all the debts of the estate and took possession of the slaves, claiming them in right of his wife as his absolute property.…
1Opinion of the CourtChilton, J.
In Kelly’s Administrator v. Kelly’s Distri-butees, 9 Ala. Rep. 908, it was held, that the grant of administration confers upon the administrator de bonis non a legal title to the goods and chattels, rights and credits of the intestate, which were unadministered by his predecessor; and a husband of the sole distributee of the intestate, who has paid *496the debts of the estate and taken possession of the property, cannot resist a recovery by such administrator, by proving such facts. In that case, which came up on a writ of error to the Orphans’ Court, this court further held, that the possession…
2Cases cited7 opinions
- Miller v. EatmanSupreme Court of Alabama · 1847
- Johnson v. WrenSupreme Court of Alabama · 1830
- Bethea v. McCollSupreme Court of Alabama · 1843
- Butler v. M. Ins.Supreme Court of Alabama · 1848
- Kelly's Adm'r v. Kelly's DistributeesSupreme Court of Alabama · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Gibson v. LandSupreme Court of Alabama · 1855
- Vanzant v. MorrisSupreme Court of Alabama · 1854
- Marshall v. Crow's Adm'rSupreme Court of Alabama · 1856
24 more not listed; retrieve them via the Exa API.