Leatherwood v. Sullivan
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. This was an action of detinue, brought by the appellees, Martin H. Sullivan and Emily S. Sullivan, as executors of the will of Daniel F. Sullivan, deceased, against the appellants, Joseph W. Leatherwood and Daniel Leatherwood, for the recovery of thirty-five pieces of timber, more or less, alleged to have been cut from section 13, township 2, and range 6, in the county of Escambia, State of…
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Appeal from the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. This was an action of detinue, brought by the appellees, Martin H. Sullivan and Emily S. Sullivan, as executors of the will of Daniel F. Sullivan, deceased, against the appellants, Joseph W. Leatherwood and Daniel Leatherwood, for the recovery of thirty-five pieces of timber, more or less, alleged to have been cut from section 13, township 2, and range 6, in the county of Escambia, State of Alabama. The defendants, in the language of the transcript, plead “Non detinet. Adverse possession of the land on which the…
1Opinion of the CourtSomerville, J.
— 1. The letters testamentary were properly admitted in evidence in behalf of the plaintiffs, the *462objection urged to them, as being void, not being well taken. The granting of these letters was fully authorized by section 2380 of the present Code, fixing the pre-requisite to granting letters to non-resident executors who have qualified in another State. The executors had, pursuant to these requirements, filed in the Probate Court of Escambia county, in this State, a certified copy of the will under which they were appointed, together with a certificate of the judge of the court in Florida, in…
2Cases cited10 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Landford v. DunklinSupreme Court of Alabama · 1882
- Curtis v. GroatNew York Supreme Court · 1810
- Calhoun v. FletcherSupreme Court of Alabama · 1879
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3Cited by16 opinions
- Pendley v. Madison's Adm'rSupreme Court of Alabama · 1887
- Blacksher Co. v. NorthrupSupreme Court of Alabama · 1911
- Power v. LenoirMontana Supreme Court · 1899
- Frederick v. WilbourneSupreme Court of Alabama · 1916
- Nashville, Chattanooga & St. Louis Railway v. KarthausSupreme Court of Alabama · 1907
11 more not listed; retrieve them via the Exa API.