Spence v. Savery
Supreme Court of Alabama
ERROR from the Court of Probate of Talladega. IN the matter of the estate of John C. Calhoun, deceased. The record shows the following facts : One D. A. Griffin, as sheriff of Talladega, was appointed administrator of said Calhoun’s estate in September, 1841, and on the 17th March, 1842, the appellant, who succeeded Griffin as sheriff, was appointed administrator de lords non by virtue of his office ; he reported the estate insolvent- in July, 1842, and it was so declared by…
Read the full summary
ERROR from the Court of Probate of Talladega. IN the matter of the estate of John C. Calhoun, deceased. The record shows the following facts : One D. A. Griffin, as sheriff of Talladega, was appointed administrator of said Calhoun’s estate in September, 1841, and on the 17th March, 1842, the appellant, who succeeded Griffin as sheriff, was appointed administrator de lords non by virtue of his office ; he reported the estate insolvent- in July, 1842, and it was so declared by the court on the same day ; afterwards, on the 6th May, 1845, his term of office as sheriff having expired, letters of…
1Opinion of the CourtLigon, J.
We esteem it wholly unnecessary to consider all the points presented in the assignments of error, and in the briefs of the counsel, inasmuch as we find it impracticable to sustain the judgment and decree .of the Probate Court of Talladega, on the record before us.
It appears that Spence, as sheriff of Talladega county, was appointed administrator de bonis non of John O. Calhoun, deceased, of whom his predecessor in the office of sheriff (David A. Griffin) had been administrator virtute officii. The administrations of both Griffin and Spence, so long as the latter was sheriff, were strictly…
2Cases cited2 opinions
- Watts v. GayleSupreme Court of Alabama · 1852
- Croft v. FerrellSupreme Court of Alabama · 1852
3Cited by2 opinions
- Ragland v. Calhoun's Adm'rSupreme Court of Alabama · 1860
- Vincent v. DanielSupreme Court of Alabama · 1877