Dean v. Rathbone's Adm'r
Supreme Court of Alabama
Error to the Orphans’ Court of Madison. Before the Hon. C. C. Clay, jr., Judge. This was a proceeding in the orphans’ court of Madison, for the final settlement of the estate of R. C. Rathbone. The legatees contended that the administrator was liable to be charged with the sum of $1,286, and interest thereon, which was due the administrator on a sealed note, executed by B. M. Lowe, and'others.
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Error to the Orphans’ Court of Madison. Before the Hon. C. C. Clay, jr., Judge. This was a proceeding in the orphans’ court of Madison, for the final settlement of the estate of R. C. Rathbone. The legatees contended that the administrator was liable to be charged with the sum of $1,286, and interest thereon, which was due the administrator on a sealed note, executed by B. M. Lowe, and'others. The material facts are, that the administrator sold the slaves of the estate, on the 5th January, 1843, on a credit till the first January thereafter, and John R. B. Eldridge, purchased three, for the…
1Opinion of the CourtDargan, J.
The plaintiffs in error contend, that the administrator became liable for the value of the slaves, by permitting Greene, for whose use they were bought by Eldridge, to take them into his possession, and to remove them from the State, before the bond stipulated to be given for the purchase money had been executed. If the bond, and security agreed to be given, had not been afterwards executed, the administrator would unquestionably have been liable. Betts v. Blackwell, 2 Stew. & Por. 373. But we cannot hold the administrator personally liable for delivering the goods purchased at his sale, if…
2Cases cited1 opinion
- Hart v. EyckNew York Court of Chancery · 1816
3Cited by10 opinions
- Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
- Foscue v. LyonSupreme Court of Alabama · 1876
- Harris v. ParkerSupreme Court of Alabama · 1868
- Baldwin v. HatchettSupreme Court of Alabama · 1876
- Gerald v. BunkleySupreme Court of Alabama · 1850
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