Hooper v. Scarborough
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. Littleberry Strange. This was an action brought by appellant, C. M. Hooper, as administrator de bonis non of the estate of one Hartwell B. Green, deceased, against R. P. Scarborough, appellee, to recover certain lands which are conceded to have been the property of plaintiff's (appellant's) intestate.
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Appeal from the Circuit Court of Russell. Tried before the Hon. Littleberry Strange. This was an action brought by appellant, C. M. Hooper, as administrator de bonis non of the estate of one Hartwell B. Green, deceased, against R. P. Scarborough, appellee, to recover certain lands which are conceded to have been the property of plaintiff's (appellant's) intestate. The defendant (appellee) claims title through deeds made by one John A. Green, who claimed to be administrator de bonis non of said Hartwell B. Green, in consideration of payment to him of certain Confederate notes, a sale having…
1Opinion of the CourtBrickell, C. J.
1-2. The death of Harris did not operate a vacancy in the administration which had been granted to him and Purifoy. The statute provides, that if *514one of two joint executors, or administrators, dies, resigns, or is removed, no other must be appointed, but the remaining executor, or administrator, must complete the administration. — Rev. Code, § 2044. Nor did the absence of Purifoy from the State work a renunciation or revocation of his authority as administrator. It may, or may not, have been cause for his removal, but until he was removed, and his letters revoked, by force of the statute, he…
2Cases cited4 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Matthews v. DouthittSupreme Court of Alabama · 1855
- Green's Administrator v. ScarboroughSupreme Court of Alabama · 1873
3Cited by6 opinions
- Allen v. KellamSupreme Court of Alabama · 1881
- Kladivo v. SulekSupreme Court of Iowa · 1920
- Powell v. JacksonIndiana Court of Appeals · 1916
- Sands v. HickeySupreme Court of Alabama · 1902
- Smith v. AlexanderSupreme Court of Alabama · 1906
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