Wier v. Davis
Supreme Court of Alabama
Writ of Error to the Circuit Court of Pickens county. Trial of the right of property to a slave under the statute. The slave was levied on the 10th October, 1840, as the property of the estate of David Archer, deceased, by an execution in favor of Davis and Humphries against Elizabeth Archer, ad-ministratrix of David Archer, deceased, commanding the sheriff to levy on the goods and chattels of the intestate in the hands of the administratrix.
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Writ of Error to the Circuit Court of Pickens county. Trial of the right of property to a slave under the statute. The slave was levied on the 10th October, 1840, as the property of the estate of David Archer, deceased, by an execution in favor of Davis and Humphries against Elizabeth Archer, ad-ministratrix of David Archer, deceased, commanding the sheriff to levy on the goods and chattels of the intestate in the hands of the administratrix. The lien of the execution attached on the 2d August of the same year. This slave was claimed by Samuel Wier. At the trial it appeared the slave was in…
1Opinion of the Court
•GIOLDTHWAITE, J.
1. Two questions grow out of this case; the first is, whether any title was gained by the purchaser under the sale made by the administratrix ? The second is, whether, after such a sale, a creditor can levy an execution on the property in the hands of the purchaser?
The condition, rights and duties of an administrator under our statutes, and by the common law are widely different in many respects; but in none more so than those which regard the disposition of the personal property. By the common law his right to sell this species of property was limited only by his discretion…
2Cases cited4 opinions
- 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
- Brown v. LipscombSupreme Court of Alabama · 1839
- Goodwin v. LloydSupreme Court of Alabama · 1838
- Pistole v. StreetSupreme Court of Alabama · 1837
3Cited by17 opinions
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Doe ex dem. Nickles v. HaskinsSupreme Court of Alabama · 1849
- Fambro v. GanttSupreme Court of Alabama · 1847
- Harris v. ParkerSupreme Court of Alabama · 1868
- Upchurch v. NorsworthySupreme Court of Alabama · 1849
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