Barnett v. Bass
Supreme Court of Alabama
Error to the Circuit Court of Pickens. The plaintiff in error suggested to the circuit court, that a writ of fieri facias, which is particularly described by its date, amount, &c. issued therefrom, at his suit, against the goods and chattels, &c. of Samuel Campbell, deceased, in the hands of B. F. Roper, his administrator, to be administered; that this fi.fa. was addressed to any coroner of the State of Alabama, and was placed in the hands of the defendant, Bass, to execute,…
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Error to the Circuit Court of Pickens. The plaintiff in error suggested to the circuit court, that a writ of fieri facias, which is particularly described by its date, amount, &c. issued therefrom, at his suit, against the goods and chattels, &c. of Samuel Campbell, deceased, in the hands of B. F. Roper, his administrator, to be administered; that this fi.fa. was addressed to any coroner of the State of Alabama, and was placed in the hands of the defendant, Bass, to execute, on which it is suggested he could, with due diligence have made the money, but failed to do so. Thereupon the plaintiff…
1Opinion of the CourtCollier, C. J.
It is unquestionably true, that a fieri facias founded upon a judgment against an administrator, which commands the officer to whom it was directed to make a given sum of money of the goods and chattels of the intestate, &c., may be levied according to its mandate. This is a proposition which the circuit court would readily have *954admitted, but that court, as we understand it, supposed that money collected by an administrator was to be considered as, no longer in the predicament of the other tangible assets of the estate he represented; that he was entitled to retain and appropriate it in the…
2Cases cited2 opinions
- Wood v. GarySupreme Court of Alabama · 1843
- Henderson v. RichardsonSupreme Court of Alabama · 1843
3Cited by7 opinions
- Ex parte HurnSupreme Court of Alabama · 1890
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Hall & Farley, Trustees v. Alabama Terminal & Improvement Co.Supreme Court of Alabama · 1904
- Munter v. LeinkauffSupreme Court of Alabama · 1885
- Huckabee v. StephensAlabama Court of Appeals · 1940
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