Williams v. Crum
Supreme Court of Alabama
Appeal frota the Circuit Court of Lowndes. Tried before the Hon. Nat. Cooic. This action was brought by the appellant, as administrator de bonis non of John J. Funchess, deceased, to recover damages for the conversion of a slave named Patience, belonging to the estate of bis intestate, and was commenced in March, 1853. The defendant pleaded, 1st, not guilty ; and, 2d, the statute of limitations of six years.
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Appeal frota the Circuit Court of Lowndes. Tried before the Hon. Nat. Cooic. This action was brought by the appellant, as administrator de bonis non of John J. Funchess, deceased, to recover damages for the conversion of a slave named Patience, belonging to the estate of bis intestate, and was commenced in March, 1853. The defendant pleaded, 1st, not guilty ; and, 2d, the statute of limitations of six years. The plaintiff took issue on the first plea, and replied to the second, “ that plaintiff’s intestate died in 1835, in possession of the slave sued for, that the conversion was in 1837, and…
1Opinion of the CourtRice, J.
It is settled in this State, that a widow may maintain trover for personal property belonging to the estate of her deceased husband, of which she had possession several years after his death, when no letters of administration have been granted on his estate. — Brown v. Beason, 24 Ala. 466; Lowremore v. Berry, 19 ib. 130.
From this the necessary implication is, that the widow in such a case has a special property, which the law sanctions and protects. It also follows, that the widow of appellant’s intestate could have maintained trover against Crum, if, after hiring the slave now in controversy…
2Cases cited1 opinion
- Brown v. BeasonSupreme Court of Alabama · 1854
3Cited by15 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Burks v. HubbardSupreme Court of Alabama · 1881
- Thompson v. LeeSupreme Court of Alabama · 1857
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