Craddock v. Stewart's Adm'r
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lawrence. This was an action of debt, at the suit of the defendant in error, upon a writing obligatory, made by the defendant on the 4th of January, 1838, for the payment of seventeen hundred and forty-one dollars, on the 25th day of December, 1839. The defendant pleaded, 1. Payment. 2. Fraud. 3. Failure of consideration. 4. A tender of the amount really due. 5. A partial failure of consideration..
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Writ of Error to the Circuit Court of Lawrence. This was an action of debt, at the suit of the defendant in error, upon a writing obligatory, made by the defendant on the 4th of January, 1838, for the payment of seventeen hundred and forty-one dollars, on the 25th day of December, 1839. The defendant pleaded, 1. Payment. 2. Fraud. 3. Failure of consideration. 4. A tender of the amount really due. 5. A partial failure of consideration.. On these pleas, issues were joined, and the causé submitted to a jury, who returned a verdict in favor of the plaintiff, for the balance due on the note for…
1Opinion of the CourtCollier, C. J.
The only question arising in this case, is, whether an administrator, in virtue of his powers as such, can make a warranty of the soundness of personal property belonging to the intestate’s estate, which he sells under order of court, so as to make himself answerable for a breach in his representative character? It is laid down, generally, after administration is granted, the power of an administrator is equal to the power of an executor. [2 Wms. on Ex’rs, 601; 1 Lomax’s Ex’rs, 343-4, and cases there cited. Shep. Touchstone, 474.] Further, that an executor or administrator, has the same…
2Cases cited3 opinions
- Hill v. BishopSupreme Court of Alabama · 1841
- Rice v. RichardsonSupreme Court of Alabama · 1842
- Pelham v. WilsonSupreme Court of Arkansas · 1842
3Cited by5 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Chestnut v. TysonSupreme Court of Alabama · 1894
- Andrews v. KeithSupreme Court of Alabama · 1859
- Riddle v. Hill's AdministratorSupreme Court of Alabama · 1874
- Boltwood v. MillerMichigan Supreme Court · 1897