Hicky v. Stallworth
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a statutory action of ejectment originally brought by R. M. Sands, as administrator de bonis non of the estate of Thomas Gretopull, deceased, against the appellant, Mary Antonio Hickey, to recover a certain lot or parcel of land in the City of Mobile, which is specifically described in the complaint.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a statutory action of ejectment originally brought by R. M. Sands, as administrator de bonis non of the estate of Thomas Gretopull, deceased, against the appellant, Mary Antonio Hickey, to recover a certain lot or parcel of land in the City of Mobile, which is specifically described in the complaint. While the suit was pending, R. M. Sands died, and it was revived in the name of N. E. Stallworth, as administrator de bonis non of the estate of Thomas Gretopull; deceased. On the trial of the case, it…
1Opinion of the CourtSimpson, J.
This was an action of ejectment by appellee against appellant, and the question is raised in the outset, by appellant, that the appointment of appellee’s predecessor and himself, as administrator de bonis non of the estate of Thomas Gretopull, was void, and *538that consequently said plaintiff (appellee) could not maintain this action.
It appears, from the testimony set out in the bill of exceptions, that said decedent died in 1872, and in May, 1873, his widow, Eliza Gretopull, was appointed administratrix of his estate. She married one Hickey, and, in December, 1875, they filed a petition,…
2Cases cited6 opinions
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Allen v. KellamSupreme Court of Alabama · 1881
- Matthews v. DouthittSupreme Court of Alabama · 1855
- Morgan v. CaseySupreme Court of Alabama · 1882
- Henley v. JohnstonSupreme Court of Alabama · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hulburd v. CommissionerSupreme Court of the United States · 1935
- McNair v. HowleSupreme Court of South Carolina · 1923
- Medley v. ShipesSupreme Court of Alabama · 1912
- In Re Traaen's EstateOregon Supreme Court · 1936
- Stanley v. StanleySupreme Court of Alabama · 1919
3 more not listed; retrieve them via the Exa API.