Erwin v. Br. Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Clarke. Before the Hon. J. Bragg. Assumpsit by the defendant in error, on a promissory note, payable to B. Gayle, cashier, or bearer, made by the defendant’s intestate. The declaration describes the note thus, and alledges a promise to the bank. The defendant demurred to the declaration, which being overruled, she pleaded the general issue, and the statute of non-claim.
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Error to the Circuit Court of Clarke. Before the Hon. J. Bragg. Assumpsit by the defendant in error, on a promissory note, payable to B. Gayle, cashier, or bearer, made by the defendant’s intestate. The declaration describes the note thus, and alledges a promise to the bank. The defendant demurred to the declaration, which being overruled, she pleaded the general issue, and the statute of non-claim. The only question raised upon the trial before the jury was, whether a presentment of the note was necessary, to an administrator ad colligendum, to prevent the bar of the statute of non-claim.…
1Opinion of the CourtCollier, C. J.
It is said by Blackstone, that if a person die wholly intestate, general letters of administration must be granted by the ordinary to such administrator as the statutes of Edward the third and Henry the eighth direct. The learned commentator then states to whom these statutes require the administration to be committed, and concludes, that “in defect of all these, the ordinary may commit administration (as he might have done before the statute of Edward III,) to such discreet person as he approves of; or he may grant him letters ad colligendum bona defuncti, which neither makes him executor…
2Cases cited2 opinions
- Flora v. MenniceSupreme Court of Alabama · 1848
- Crawford v. Branch Bank at MobileSupreme Court of Alabama · 1845
3Cited by4 opinions
- Mitchell v. ParkerSupreme Court of Alabama · 1933
- Little v. GavinSupreme Court of Alabama · 1943
- Ex Parte KellySupreme Court of Alabama · 1942
- Ward v. SealeSupreme Court of Alabama · 1977