Woolfork's Adm'r v. Sullivan
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Tried before the Hon. Thomas A. Walker. Detinue by Alfred E. Going, as administrator de bonis non with the will annexed of Thomas Woolfork, deceased, against William Sullivan, for two negro slaves. The pleas were non detinet and the statute of limitations of six years.
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Error to the Circuit Court of Pickens. Tried before the Hon. Thomas A. Walker. Detinue by Alfred E. Going, as administrator de bonis non with the will annexed of Thomas Woolfork, deceased, against William Sullivan, for two negro slaves. The pleas were non detinet and the statute of limitations of six years. On the trial, plaintiff proved the appointment of Ehud Nos-worthy as administrator with the will annexed of said Woolfork in December, 1843, and his own appointment as administrator de bonis non on the 26th December, 1848 ; that said Woolfork owned said slaves at the time of his death in…
1Opinion of the CourtPhelan, J.
Where an executor de son tort has sold at public sale the personal property of a testator, and an administrator is afterwards appointed, what right or interest in respect to such property vests in such administrator 1 and what are his powers and duties in reference thereto by the laws of Alabama? These are the questions presented for our decision by the case at bar.
The sale of the personal chattels of a testator by one who usurps the office of executor whether wilfully or ignorantly, and who is styled executor de son tort, is unlawful, whether it be public or private, and conveys to the…
2Cases cited1 opinion
- Wier v. DavisSupreme Court of Alabama · 1842
3Cited by13 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Waring v. LewisSupreme Court of Alabama · 1875
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Morris v. HallSupreme Court of Alabama · 1868
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