Ex parte Maxwell
Supreme Court of Alabama
' APPLICATION for a mandamus, or other remedial writ, to tbe probate court of.Wilcox, to compel that court to grant to tbe petitioner. James. P. .Maxwell,- original letters of administration on the estate of his father, James.Maxwell, deceased, who died some .tima'in. -the year 1845, seized and possessed of real and personal, property in the county of Wilcox.
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' APPLICATION for a mandamus, or other remedial writ, to tbe probate court of.Wilcox, to compel that court to grant to tbe petitioner. James. P. .Maxwell,- original letters of administration on the estate of his father, James.Maxwell, deceased, who died some .tima'in. -the year 1845, seized and possessed of real and personal, property in the county of Wilcox. The transcript from-.the records of said probate court, which was made an-exhibit, to the. petition, shows that, on the 19th February,-1840, .an order was made by said court in the following words; “-It is ordered by the court, that…
1Opinion of the CourtA. J. Walker, C. J.
Without inquiring whether the giving of the bond by VaDevoort .would .be conclusively presumed, or, if it would not, whether .the failure to give the bond is shown by the evidence, we .dispose of this case by deciding, that .the failure to give the :bond would not render the administration void. The law draws a distinction, between administrations which are void, and those which are repealable, or. revocable. The grant of administration is not void, unless there was a want of jurisdiction to make it. — Miller v. Jones, 26 Ala. 247 ; Gayle & Pitts v. Blackburn, 1 St. 429; Wales v. Willard, 2…
2Cases cited7 opinions
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
- Savage v. BenhamSupreme Court of Alabama · 1849
- Blakeney v. BlakeneySupreme Court of Alabama · 1837
- Matheson's Heirs v. HearinSupreme Court of Alabama · 1856
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3Cited by15 opinions
- Hatch v. FergusonCourt of Appeals for the Ninth Circuit · 1895
- Power v. LenoirMontana Supreme Court · 1899
- Leatherwood v. SullivanSupreme Court of Alabama · 1886
- Alabama Co. v. BrownSupreme Court of Alabama · 1921
- In re Craigie's EstateMontana Supreme Court · 1900
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