Waring v. Lewis
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. Adam C. Felder. The opinion states the case. —The bond made by Roberts as administrator, with Waring and Mrs. Moulton as the sureties, was good and valid, though taken by an officer of his illegal government then existing in Alabama. The courts then existing here are to be considered at least as foreign courts, and their judgments and decrees as those of foreign courts.
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Appeal from Chancery Court of Mobile. Heard before Hon. Adam C. Felder. The opinion states the case. —The bond made by Roberts as administrator, with Waring and Mrs. Moulton as the sureties, was good and valid, though taken by an officer of his illegal government then existing in Alabama. The courts then existing here are to be considered at least as foreign courts, and their judgments and decrees as those of foreign courts. Marlin v. Hewitt, 44 Ala. 418; Bibb & Falkner v. Avery, 45 Ala. 692. The sureties indeed, since they aided the administrator in invoking the action of such foreign court,…
1Opinion of the Court
BRICKELL, C. J,
The bill by appellees, who are minor children, and only next of kin of William H. Lewis, deceased, who died intestate, in June, 1861, a resident citizen of the city of Mobile. On the 10th day of July, 1861, the court of probate of the county of Mobile appointed Joel A. Roberts administrator in chief of said intestate; and he qualified, and gave bond, with the appellant and Joana *620Lewis, the widow of the intestate, as his sureties, payable and conditioned as required by law. Roberts, as administrator, became possessed of the personal assets of the intestate, consisting of moneys,…
2Cases cited25 opinions
- Smith v. McIverSupreme Court of the United States · 1824
- Field v. SchieffelinNew York Court of Chancery · 1823
- Beall v. New MexicoSupreme Court of the United States · 1873
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
- Bustard v. GatesCourt of Appeals of Kentucky · 1836
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3Cited by67 opinions
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Evans v. EvansSupreme Court of Alabama · 1917
- Adler v. Van Kirk Land & Construction Co.Supreme Court of Alabama · 1896
- Noble v. Moses Bros.Supreme Court of Alabama · 1883
- De Soto Coal, Mining & Development Co. v. HillSupreme Court of Alabama · 1914
62 more not listed; retrieve them via the Exa API.