Sampey's Adm'r v. Sowell
Supreme Court of Alabama
Trover for Conversion of Cattle, by Administrator de bonis non against Purchaser from Executor under Probate Decree. Appeal from the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard.
1Opinion of the Court
CLOPTON, J,
— -Appellant, as administrator de bonis non with the will annexed of John Sampey, brings trover against appellee for the conversion of a larg-e number of cattle, several hundred, which belonged to the decedent at the time of his death. Defendant claims title by purchase from A. D. Sampey, the duly appointed and qualified executor of the will of John *448Sampey, who sold the cattle under an order of the Probate Court- To this claim of title plaintiff replies, that the petition for the order of sale not setting forth the jurisdictional facts, and the court having no authority to grant an…
2Cases cited4 opinions
- Bell v. CraigSupreme Court of Alabama · 1875
- Hatchett v. BillingsleaSupreme Court of Alabama · 1880
- Vincent v. DanielSupreme Court of Alabama · 1877
- Hooper v. Smith T.Supreme Court of Alabama · 1877
3Cited by1 opinion
- McGhee v. CashinSupreme Court of Alabama · 1900