Crum v. Williams
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by tlie administrator of John J. Funchess, deceased, against Samuel I). Crum, to recover damages for the defendant’s conversion of a slave belonging to the estate of plaintiff’s intestate. The pleas were, not guilty, and the statute of limitations of six years.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by tlie administrator of John J. Funchess, deceased, against Samuel I). Crum, to recover damages for the defendant’s conversion of a slave belonging to the estate of plaintiff’s intestate. The pleas were, not guilty, and the statute of limitations of six years. The plaintiff’s intestate died in 1835, but no administration was granted on his estate until 1852. Mrs. Funchess, who appears to have been the widow of the intestate, hired the slave to the defendant in 1831; and on the expiration of the…
1Opinion of the CourtRice, C. J.
When a husband, in possession of personal chattels, dies intestate, and his widow remains in possession of them, her right to their possession until administration is granted on his estate, against every one but the rightful administrator, is maintainable “ upon a principle analogous to that which enables the finder of lost property to maintain trover for it against every one but the real owner.” — Brown v. Beason, 24 Ala. R. 467; Williams v. Crum, 27 Ala. R. 468.
But that principle has no application to the state of facts presented by the bill of exceptions now before us ; for it does not…
2Cited by3 opinions
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Morris v. HallSupreme Court of Alabama · 1868
- Mack v. StateSupreme Court of Alabama · 1879