Easly v. Boyd
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Detinue by the defendant in error, against the intestate of the plaintiff in error, to recover a number of slaves.
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Error to the Circuit Court of Talladega. Detinue by the defendant in error, against the intestate of the plaintiff in error, to recover a number of slaves. Upon the trial, as appears from a bill of exceptions, the plaintiff, to prove the execution of a mortgage by the defendant, introduced one of the subscribing witnesses thereto, who stated that his signature was genuine, and that the instrument was either subscribed in his presence, or acknowledged by Bell to be his signature at the time he subscribed his name. The plaintiff then read to the jury the deed referred to by the witness, by…
1Opinion of the CourtOrmond, J.
There is no entry of record of the revival of this suit against the plaintiff in error, nor is there any question raised here whether such a suit as this can be revived under our statute. We shall therefore not enter upon the consideration of that question, but confine ourselves to the examination of the question, whether, under the process, any judgment could be had against the administrator in this ease.
The question of the liability of an executor to be sued in detinue, came before this court in Brewer v. Story’s Ex’r, 10 Ala. 961, and was there fully considered. It was held that the action…
2Cases cited1 opinion
- Brewer v. Strong's Ex'rsSupreme Court of Alabama · 1847
3Cited by4 opinions
- White v. McFarlandMissouri Court of Appeals · 1910
- Lawson's Adm'r v. Lay'sSupreme Court of Alabama · 1854
- English's Ex'r v. McNair's Admr'sSupreme Court of Alabama · 1859
- Stuckey v. BellahSupreme Court of Alabama · 1868