Bells v. Heirs of Robinson
Supreme Court of Alabama
The plaintiffs sued a sci. fa. to Madison Circuit Court, in which it is stated, that they instituted an action of covenant in said Court against Littleberry Robinson, pending which he died intestate. It was revived, and judgement rendered against bis administrator..
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The plaintiffs sued a sci. fa. to Madison Circuit Court, in which it is stated, that they instituted an action of covenant in said Court against Littleberry Robinson, pending which he died intestate. It was revived, and judgement rendered against bis administrator.. A writ of p, fa. issued thereon,.on which the sheriff made return, that there was no property of the decedent in the hands of the administrator ; that Robinson- died seized and possessed of lands in said county, (describing them,) leaving six children, (naming them,) his heirs at law, one of whom had since died, leaving no…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the Court.
By the demurrer of the plaintiffs to the pleas, the scire facias which they have, sued out, is brought under our examination. At common law, a judgement against the personal representative does not charge the lands. They descend to the heir, and the personal representative has nothing to do with them. If the ancestor, by his ■ obligation bound his heirs, they could by action of debt be charged to the value of the lands descended. In England, if a judgement had been recovered against the ancestor, the lands which were liable to execution in…
2Cited by4 opinions
- Phillips v. Ash's Heirs & Adm'rsSupreme Court of Alabama · 1879
- Fitzpatrick v. EdgarSupreme Court of Alabama · 1843
- McClellan v. LipscombSupreme Court of Alabama · 1876
- Ogden v. SmithSupreme Court of Alabama · 1848