Lewis v. Wells
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. Vi. S. Mudd. This action was brought by the appellants, suing as the executors of the last will and testament of Edward Davis, deceased, against Abner J. Wells and others, to recover the possession of certain lands, which were particularly described in the complaint, and which the plaintiffs claimed under a purchase by their testator at a sale made on the 23d March, 1869, by George M. Figh', as the administrator…
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Appeal from the Circuit Court of Shelby. Tried before the Hon. Vi. S. Mudd. This action was brought by the appellants, suing as the executors of the last will and testament of Edward Davis, deceased, against Abner J. Wells and others, to recover the possession of certain lands, which were particularly described in the complaint, and which the plaintiffs claimed under a purchase by their testator at a sale made on the 23d March, 1869, by George M. Figh', as the administrator of John P. Figh, deceased, under a power of sale contained in a mortgage executed to said John P. Figh, by said Abner J.…
1Opinion of the CourtPeters, C. J.
This record raises the sole question, whether the administrator of Eigh, deceased, could pass the title to the lands in question to the plaintiffs, by a sale under the power in the mortgage, after the death of the mortgagee. If he could, then the title of the appellants, who were plaintiffs in the court below, is sufficient to maintain this action. If he could not, then the ruling of the court below was without error, and the judgment should be affirmed.
In this State, the rules of the common law, regulating the powers of an administrator over the estate of the deceased, have been greatly…
2Cases cited18 opinions
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Upchurch v. NorsworthySupreme Court of Alabama · 1849
- Anderson v. McGowanSupreme Court of Alabama · 1868
- Trapp v. MooreSupreme Court of Alabama · 1852
- Jennings v. Administrators of JenkinsSupreme Court of Alabama · 1846
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Jones v. HaglerSupreme Court of Alabama · 1891
- Carter v. ShorterSupreme Court of Alabama · 1876
- Barnett v. WaddellSupreme Court of Alabama · 1946
- Webb v. SprottSupreme Court of Alabama · 1932
9 more not listed; retrieve them via the Exa API.