Graves's Administrator v. Flowers
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. J. McCaleb Wiley. This action was brought by Richard Flowers, against Charles Graves, as the administrator de bonis non, with the will annexed, of James Graves, deceased; was founded on several judgments, which the plaintiff had recovered before a justice of the peace in said county, in February, 1861, against Mrs. Sarah Graves, as the executrix of the last will and testament of the said James Graves; and was…
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Appeal from the Circuit Court of Pike. Tried before the Hon. J. McCaleb Wiley. This action was brought by Richard Flowers, against Charles Graves, as the administrator de bonis non, with the will annexed, of James Graves, deceased; was founded on several judgments, which the plaintiff had recovered before a justice of the peace in said county, in February, 1861, against Mrs. Sarah Graves, as the executrix of the last will and testament of the said James Graves; and was commenced on the 29th March, 1870- There was a demurrer to the complaint, on the ground that it showed no cause of action…
1Opinion of the CourtBbickell, J.
The judgments rendered against Sarah Graves, as executrix of James Graves, deceased, are causes of action against the appellant, as administrator de bonis non, with the will annexed, only on the hypothesis, that there is a legal privity between the executrix and the administrator de bonis non ; that the latter has succeeded to the right and title, and is therefore substituted to the duties and liabilities of the former. This hypothesis is not maintainable. Between the two administrations there is not such legal privity or connection, as to render a judgment against the executor binding on the…
2Cases cited10 opinions
- Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Alsop v. MatherSupreme Court of Connecticut · 1831
- Abney v. PickettSupreme Court of Alabama · 1852
- Chamberlain v. BatesSupreme Court of Alabama · 1835
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3Cited by7 opinions
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Ouchita National Bank v. FultonSupreme Court of Alabama · 1916
- Waldrop v. NolanSupreme Court of Georgia · 1941
- Passmore v. EllingtonSupreme Court of Alabama · 1898
- Brothers v. GunnelsSupreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.