Lee's Adm'r v. Downey
Supreme Court of Alabama
Appeal from the Circuit Court of Perry, Tried before the Hon. Geo. H. Oeaig. This action was brought by Elias B. Thompson, as the administrator with the will annexed of David Lee, deceased, against William T. Downey, to recover the possession of a tract of laud particularly described in the complaint; and was commenced on the 29th July, 1874. It was admitted that David Lee, the plaintiff’s testator, was seized and possessed of the lands now sued for, at the time of his…
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Appeal from the Circuit Court of Perry, Tried before the Hon. Geo. H. Oeaig. This action was brought by Elias B. Thompson, as the administrator with the will annexed of David Lee, deceased, against William T. Downey, to recover the possession of a tract of laud particularly described in the complaint; and was commenced on the 29th July, 1874. It was admitted that David Lee, the plaintiff’s testator, was seized and possessed of the lands now sued for, at the time of his death; and that he died some time during the year 1863. By the last will and testament of said testator, the lands were…
1Opinion of the CourtBeickell, C. J.
Tbe statutes do not confer on an •executor or administrator any estate or interest in tbe lands of tbe testator or intestate. As at common law, if devised, tbey pass to tbe devisee ; or; if not devised, they descend to the heir at law; who alone is entitled to possession. The executor or administrator may, if a necessity exists, which would authorize the Court of Probate to order him to make sale of them, intercept or divest tbe possession of the heir or devisee, and hold the lands, either to derive from their rents funds for the payment of debts, or for that purpose to subject them to sale…
2Cases cited6 opinions
- Masterson v. Girard's HeirsSupreme Court of Alabama · 1846
- Chighizola v. Le BaronSupreme Court of Alabama · 1852
- Owens v. ChildsSupreme Court of Alabama · 1877
- Branch Bank v. FrySupreme Court of Alabama · 1853
- Smith's Distributees v. KingSupreme Court of Alabama · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Powell v. LabrySupreme Court of Alabama · 1923
- Parker v. RobertsonSupreme Court of Alabama · 1921
- Stovall v. ClaySupreme Court of Alabama · 1895
- Sullivan v. RabbSupreme Court of Alabama · 1888
13 more not listed; retrieve them via the Exa API.