Legal Opinion

Harris v. Parker

Supreme Court of Alabama

Decided January 15, 1868PublishedCited by 19 opinions

Appeal from the Probate Court of Sumter. In the matter of the final settlement of the accounts and Touchers of Socrates Parker, as administrator of the estate of Henry H. Harris, deceased.

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Appeal from the Probate Court of Sumter. In the matter of the final settlement of the accounts and Touchers of Socrates Parker, as administrator of the estate of Henry H. Harris, deceased. The intestate died in said county of Sumter, where he resided, on the 1st September, 1862 ; being possessed of a large estate, which consisted of lands, slayes, money on hand, in gold, silver, and bank-notes, more than two hundred and fifty bales of cotton, a great number of outstanding notes and accounts, and a stock of goods, wares, and merchandise; and leaving his widow, Mrs. Mary S. Harris, and seven…

1Opinion of the CourtA. J. Walker, C. J.

The court below overruled the motion to charge the appellee with the value of certain cotton belonging to his intestate, which he had sold. Several reasons are urged against the correctness of this ruling, which must be examined seriatim.

1. It is argued, that the order for the sale of the cotton is void, and that the sale being therefore unauthorized, the administrator has converted the cotton, and is chargeable with its value. The order of sale is made in reference to the third section of the act of 16th February, 1854, (Pam. Acts, p. 45 ; Revised Code, § 2067,) which is in the following…

2Cases cited33 opinions

  1. McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
  2. Pearson v. DarringtonSupreme Court of Alabama · 1858
  3. William C. S. Ventress, Executors of Lovic Ventress, Deceased, in Error v. Neal Smith, Administrator of John Clark, DeceasedSupreme Court of the United States · 1836
  4. King v. Kent's HeirsSupreme Court of Alabama · 1857
  5. Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857

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3Cited by19 opinions

  1. Teague v. CorbittSupreme Court of Alabama · 1877
  2. House v. Cullman CountySupreme Court of Alabama · 1992
  3. Ferguson v. LowerySupreme Court of Alabama · 1875
  4. Medlin v. CrosbySupreme Court of Alabama · 1991
  5. Grimball v. CruseSupreme Court of Alabama · 1881

14 more not listed; retrieve them via the Exa API.

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