Yarborough v. Wise
Supreme Court of Alabama
EmioR to the Circuit Court of Chambers. Assumpsit byAhc plaintiff against the defendant in error. On the trial, it appeared in testimony, that the defendant’s intestate married the daughter of the plaintiff’s testator; that the plaintiff’s testator, died, and also the defendant’s intestate without having reduced into possession, the distributive share of his wife, in his father’s estate.
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EmioR to the Circuit Court of Chambers. Assumpsit byAhc plaintiff against the defendant in error. On the trial, it appeared in testimony, that the defendant’s intestate married the daughter of the plaintiff’s testator; that the plaintiff’s testator, died, and also the defendant’s intestate without having reduced into possession, the distributive share of his wife, in his father’s estate. That plaintiff, under the belief that the defendant as administrator, was entitled to the share of his intestate’s wife in her father’s estate, paid it over to him, who ap-. plied the money in payment of a…
1Opinion of the CourtOrmonu, J.
This case has been argued in this court, and a reversal of the judgment asked, upon .the ground that the money was paid under a mistake of the law,, and that as the defendant, in right of his intestate had no claim to the money, it can be recovered back in this form of action. Conceding the general rule to be as stated, we do not think, under the circumstances of this case, there can be any recovery.
Assuming, as was doubtless the case, that the money was both paid, and received, in ignorance of the law, upon the supposition *294that the representative of the husband was entitled to the…
2Cited by3 opinions
- Jasper Trust Co. v. K. C., M. & B. R. R.Supreme Court of Alabama · 1892
- Hayes v. WoodsSupreme Court of Alabama · 1882
- Wilson v. SergeantSupreme Court of Alabama · 1848