Brown v. Floyd
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Mary L. Floyd against R. E. Brown and others, in trespass quare clausum fregit vi et armis. Judgment for plaintiff and defendant appears.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Mary L. Floyd against R. E. Brown and others, in trespass quare clausum fregit vi et armis. Judgment for plaintiff and defendant appears. An administrator cannot be made liable in bis representative capacity for a tort. — Daily v. Daily, 66 Ala. 266; Shorter v. TJrquhart, 28 Ala. 360; Spottsioood v. Bentley, 132 Ala. 266; 11 A. & E. Ency. of Law, 912. Tbe possession of one tenant in common is the possession of all. — Ashford v. Ashford, 136 Ala. 631. The gist of the action of trespass is the injury done to the…
1Opinion of the CourtMayfield, J.
The plaintiff, a woman, sues defendants in trespass quare clausum fregit vi et armis as to lands described in the complaint. The defendant R. E. Brown is sued jointly with the other defendants, and is sued individually and as administrator.
The trespass as alleged and proved was committed by the said R. E. Brown et al. after the death of the intestate of the said Brown. As for such trespass, the personal representative is liable individually, but not in his representative capacity. The estate of a deceased person cannot be held liable for the torts of the personal representative. The separate…
2Cases cited6 opinions
- Spotswood v. BentleySupreme Court of Alabama · 1902
- Folmar & Sons v. Copeland & BrantleySupreme Court of Alabama · 1877
- Daily's Adm'r v. DailySupreme Court of Alabama · 1880
- Herndon v. BartlettSupreme Court of Alabama · 1837
- Finch's Executors v. AlstonSupreme Court of Alabama · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ensley Motor Car Co. v. O'RearSupreme Court of Alabama · 1916
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1968
- McGill v. HolmanSupreme Court of Alabama · 1922
- Fisher v. McNeelyWashington Supreme Court · 1920
- Alabama Penny Savings Bank v. HolmesSupreme Court of Alabama · 1913
3 more not listed; retrieve them via the Exa API.