Julian v. Reynolds
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting in Lowndes county. The complainants, Benjamin Reynolds and Sally his wife, Wiley Turner and Frances his wife, Thomas W. Turner and Harriett his wife, alledge, that in right of their respective wives, they are distributees and heirs of James Mosely, deceased.
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Writ of Error to the Court of Chancery sitting in Lowndes county. The complainants, Benjamin Reynolds and Sally his wife, Wiley Turner and Frances his wife, Thomas W. Turner and Harriett his wife, alledge, that in right of their respective wives, they are distributees and heirs of James Mosely, deceased. That the decedent died in the State of South Carolina, and that there administration was duly granted of his estate to his widow, Mary, and his son, John Mosely, who sold the i-eal and personal property belonging to the intestate. At the sale thus made, the ad-ministratrix purchased the…
1Opinion of the CourtCollier, C. J.
1. There can be no question, according to the decisions in this State, that Mrs.. Mosely might have purchased the property of her intestate’s estate, at a sale thereof made according to law; and in the a'bsence of any thing shown to the contrary, it will be presumed that the common law of South Carolina is. accordant with our decisions. This is sufficiently established by the cases cited by the counsel for the plaintiff in error.
These are principles which we do not understand are controverted in the present case. Mrs. Mosely, admits that she purchased the slaves with money belonging to the…
2Cases cited2 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Calhoun v. KingSupreme Court of Alabama · 1843
3Cited by18 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Boring v. WilliamsSupreme Court of Alabama · 1850
- Calloway v. GilmerSupreme Court of Alabama · 1860
- Foxworth v. WhiteSupreme Court of Alabama · 1882
- Colbert v. DanielSupreme Court of Alabama · 1858
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