Campbell v. Hughes
Supreme Court of Alabama
Bill by Foreign Administrator to Foreclose Mortgage. Appeal from Madison Chancery Conrt. Heard before Hon. W. H. Simpson. Bill by James Hughes, a foreign administrator, against Jennie L. Campbell, and others, to foreclose a mortgage. From a decree for complainants respondents appeal.
Read the full summary
Bill by Foreign Administrator to Foreclose Mortgage. Appeal from Madison Chancery Conrt. Heard before Hon. W. H. Simpson. Bill by James Hughes, a foreign administrator, against Jennie L. Campbell, and others, to foreclose a mortgage. From a decree for complainants respondents appeal. The certificate attached to the copy of the letters filed Oct. 13, 1904, is wholly wanting in any of the formalities required by sec. 905, U. S. Rev. St. — Sec. 359, Code 1896. The bill alleges that the letters were filed at the time of the filing of the bill. This was material, and should have been proven. —…
1Opinion of the CourtDenson, J.
This is a bill filed by a foreign administrator to foreclose a mortgage on a lot in the city of Huntsville, Ala. The mortgage was executed to the complainant’s intestate by Allen R. and Jennie L. Campbell, who were at the time husband and wife. Allen R. died before the bill was filed, and the respondents to the bill are Jennie L. Campbell and two minor children of Allen R., as only heirs at law. It is the well-settled rule, according to the common law, both in England and the United States, that letters of administration have no extraterritorial force. Consequently a foregin administrator can…
2Cases cited21 opinions
- Noonan v. BradleySupreme Court of the United States · 1870
- Stebbins v. DuncanSupreme Court of the United States · 1883
- Richardson v. StephensSupreme Court of Alabama · 1898
- Carter v. Long Bros.Supreme Court of Alabama · 1899
- Jefferson v. BeallSupreme Court of Alabama · 1897
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Campbell v. American Bonding Co.Supreme Court of Alabama · 1911
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
- Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918
- Sumner v. CaldwellSupreme Court of Alabama · 1943
- Curl v. IngramWest Virginia Supreme Court · 1939
4 more not listed; retrieve them via the Exa API.