Hines v. Seibels
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Wm. L. Martin, Judge. Bill by Walker D. Hines, as Director General of Railroads, in charge of the Western Railway of Alabama, against R. E. Seibels, as administrator of tbe estate of M. L. Fort-son, deceased, to enjoin an action at law for damages for tbe death of said decedent. From a decree sustaining demurrers to tbe bill, complainant appeals.
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Appeal from Circuit Court, Montgomery County; Wm. L. Martin, Judge. Bill by Walker D. Hines, as Director General of Railroads, in charge of the Western Railway of Alabama, against R. E. Seibels, as administrator of tbe estate of M. L. Fort-son, deceased, to enjoin an action at law for damages for tbe death of said decedent. From a decree sustaining demurrers to tbe bill, complainant appeals. The bill alleges tbe death of Fortson, but denies any responsibility for tbe accident causing his death and the existence of any liability now or heretofore on account thereof. Nevertheless, and to avoid…
1Opinion of the CourtThomas, J.
The bill prayed injunction against a personal representative to prevent tbe prosecution at law of an action for damages for the wrongful death of intestate where settlement by compromise had been made with the sole heirs and distributees. ■
[1] Damages collected in action brought under the homicide act for the wrongful death of an intestate vest exclusively in the distributees of the estate without administration. The administrator is only the holder of the naked title, and this title will not prevail against one to whom the equitable title and rightful possession has passed. Kennedy v. Davis,…
2Cases cited25 opinions
- Kennedy v. DavisSupreme Court of Alabama · 1911
- Tennessee Coal, Iron & Railroad v. HayesSupreme Court of Alabama · 1892
- Stone v. HaleSupreme Court of Alabama · 1850
- Underhill v. Mobile Fire Department InsuranceSupreme Court of Alabama · 1880
- McLaughlin v. BeyerSupreme Court of Alabama · 1913
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
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- Pembroke Pembroke v. Peninsular Terminal Co.Supreme Court of Florida · 1933
- Sperry Rand Corporation v. Industrial Supply Corporation, Industrial Supply Corporation v. Sperry Rand CorporationCourt of Appeals for the Fifth Circuit · 1964
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
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