Lowe's Adm'r v. Jones
Supreme Court of Alabama
Error to the Circuit Court of Madison. Before the Hon. G. . W. Lane. Action of debt, by defendant in error, against Ferdinand L. Hammond, administrator on the estate of George A. Lowe, the plaintiff in error, on two bills single, executed by one Key and the said Lowe in his life time ; one dated the 10th, and the other the 11th December, 1830, and payable one day after date.
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Error to the Circuit Court of Madison. Before the Hon. G. . W. Lane. Action of debt, by defendant in error, against Ferdinand L. Hammond, administrator on the estate of George A. Lowe, the plaintiff in error, on two bills single, executed by one Key and the said Lowe in his life time ; one dated the 10th, and the other the 11th December, 1830, and payable one day after date. The writ issued on the 5th August, 1846. The administrator pleaded in short, by consent, that on the 9th day of July, 1838, letters of administration were granted on the estate of his intestate, by the county court of…
1Opinion of the CourtChilton, J.
The error assigned in this case, is, that the circuit court overruled a demurrer to the replication of the plaintiff, to the plea of the statute of non-claim.
The replication which is pleaded in short, by consent, avers “ that the said David Lowe, administrator as aforesaid, immediately after obtaining his letters of administration as* aforesaid, and qualifying as such administrator, left the state of Alabama, and within two months after he obtained his. *547said letters of administration, died without returning to this State ; and the plaintiff further says, that no successor of said David Lowe,…
2Cases cited1 opinion
- Branch Bank at Decatur v. DonelsonSupreme Court of Alabama · 1848
3Cited by7 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Harwell v. SteelSupreme Court of Alabama · 1850
- Douglass v. FolsomNevada Supreme Court · 1893
- Reed's Adm'r v. MinellSupreme Court of Alabama · 1857
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