Beene's Adm'r v. Collenberger & Co.
Supreme Court of Alabama
Appear, from the Probate Court of Dallas. In the matter of the estate of Benjamin Y. Beene, deceased, which was declared insolvent on the J.2th April, 185S, and against which a claim was filed by the appellees on the 3d July, 1858. The appellees’ claim set out a bill of sale for two slaves, which was signed “Benjamin Y. Beene, adm’r,” and in the following words: “Deceived, Selma, July 7, 1855, of A. Collenberger & Co. seven hundred and eighty-five dollars, in payment for the…
Read the full summary
Appear, from the Probate Court of Dallas. In the matter of the estate of Benjamin Y. Beene, deceased, which was declared insolvent on the J.2th April, 185S, and against which a claim was filed by the appellees on the 3d July, 1858. The appellees’ claim set out a bill of sale for two slaves, which was signed “Benjamin Y. Beene, adm’r,” and in the following words: “Deceived, Selma, July 7, 1855, of A. Collenberger & Co. seven hundred and eighty-five dollars, in payment for the slaves Sylvia and Henrietta; which said slaves were sold as under an order issued from the probate court of Dallas…
1Opinion of the CourtStone, J.
The decree in this case must be reversed, for a defect in the amended affidavit of verification. The amended affidavit is sufficient, if it had established the claim against the proper estate. It proves the claim against the estate of Jesse Beene, deceased, instead of Benjamin Y. Beene. This may be a clerical error, but we find it carried into both the original and amended records.
Here this opinion might close; but we feel it our duty to pass on the merits of the controversy.
[2.] The folio wing propositions are conclusively settled by the former adjudications of this court. First: The sale of…
2Cases cited9 opinions
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Roundtree v. BrantleySupreme Court of Alabama · 1859
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Roberts v. GraysonSupreme Court of Alabama · 1937
- Hayes v. WoodsSupreme Court of Alabama · 1882
- Riddle v. Hill's AdministratorSupreme Court of Alabama · 1874
- Lesslie v. RichardsonSupreme Court of Alabama · 1877
3 more not listed; retrieve them via the Exa API.