Fambro v. Gantt
Supreme Court of Alabama
Writ of Error to the County Court of Dallas. This was an action of assumpsit at the suit of the defendant in error. The first count alledges that the defendant, in consideration that the plaintiff would execute to James H. Fiffe a bill of sale for certain negroes, particularly designated, being the mother and her children, and the family of one Lawson Thomas, and the property of the plaintiff, promised to pay to the plaintiff on the execution of the bill of sale, the sum of…
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Writ of Error to the County Court of Dallas. This was an action of assumpsit at the suit of the defendant in error. The first count alledges that the defendant, in consideration that the plaintiff would execute to James H. Fiffe a bill of sale for certain negroes, particularly designated, being the mother and her children, and the family of one Lawson Thomas, and the property of the plaintiff, promised to pay to the plaintiff on the execution of the bill of sale, the sum of $475. It is then averred that the bill of sale was executed, and together with the slaves delivered to the defendant,…
1Opinion of the CourtCollier, C. J.
By the common law, an administrator was authorized to sell the personal estate of his intestate, when in his opinion the interest of those concerned, required it; and a purchaser from him, it is said, would only be held responsible when charged with notice of a devastavit. [Colt *305v. Lanier, 9 Cow. R. 321; Braman, et al. v. Oliver, 2 Stew. R. 47,] Our statutes, however, have materially modified the common law, and restricted the powers of the administrator in this respect.
The act of 1809, “ concerning the duty of executors, administrators and guardians,” &c. (Clay’s Dig. 223, § 13), inhibits an…
2Cases cited3 opinions
- William C. S. Ventress, Executors of Lovic Ventress, Deceased, in Error v. Neal Smith, Administrator of John Clark, DeceasedSupreme Court of the United States · 1836
- Wier v. DavisSupreme Court of Alabama · 1842
- Dearman v. DearmanSupreme Court of Alabama · 1842
3Cited by21 opinions
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Harris v. ParkerSupreme Court of Alabama · 1868
- Bott v. McCoySupreme Court of Alabama · 1852
- Butler v. GazzamSupreme Court of Alabama · 1886
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