Legal Opinion

Gayle v. Blackburn

Supreme Court of Alabama

Decided January 15, 1828PublishedCited by 2 opinions

Matthew Gayle and George W. Pitts, as administrators of John Greening, brought an action of detinue in the Circuit Court of Dallas county against A. J. Blackburn, for a slave as the property of the deceased, by him detained. In their declaration they alleged they were appointed administrators, with the will annexed, of said Greening, by the Judge of the County Court of Dallas county.

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Matthew Gayle and George W. Pitts, as administrators of John Greening, brought an action of detinue in the Circuit Court of Dallas county against A. J. Blackburn, for a slave as the property of the deceased, by him detained. In their declaration they alleged they were appointed administrators, with the will annexed, of said Greening, by the Judge of the County Court of Dallas county. The defendant pleaded five pleas; the third of which alleged “that the deceased duly made and published his will in writing, and appointed Wade H. Greening one of his executors; that said W ade proved the will,…

1Opinion of the Court

JUDGE WHITE

delivered the opinion of the majority of the Court.

The attention of the Court has been exclusively directed to the sufficiency of this replication, and in case of its insufficiency, to the defectiveness of the third plea. The question arising on demurrer to this replication, it is obvious that the appointment of the plaintiffs as administrators, with the will annexed, of John Greening, and the validity of that appointment, are the turning points of the whole case now before us. It is well established by authority, and not controverted at the bar, that as this point comes up…

2Cited by2 opinions

  1. Equitable Life Assurance Society v. Vogel'sSupreme Court of Alabama · 1884
  2. Grimmet v. Henderson's Adm'rSupreme Court of Alabama · 1880

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