Barron v. Vandvert
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. Before the Hon. J. D. Phelan. This was an action of assumpsit, instituted by Samueí Burnett, who thus describes himself, and deduces his right to sue, viz : “ Samuel Burnett, administrator of all and singular the goods and chattels, rights and credits of William J. Bettis, deceased, left unadministered by Francis Bettis and Gabriel J. Handley, who were formerly administrators of the goods and chattels, rights and credits of the…
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Writ of Error to the Circuit Court of Perry. Before the Hon. J. D. Phelan. This was an action of assumpsit, instituted by Samueí Burnett, who thus describes himself, and deduces his right to sue, viz : “ Samuel Burnett, administrator of all and singular the goods and chattels, rights and credits of William J. Bettis, deceased, left unadministered by Francis Bettis and Gabriel J. Handley, who were formerly administrators of the goods and chattels, rights and credits of the said William J. Bettis, deceased, but who resigned their administration without fully administering said estate,”…
1Opinion of the CourtCollier, C. J.
The act of 1837, which has been cited for the plaintiff in error, merely declares that notes, &c. payable to a person or bearer, shall be sued on in the name of the payee, his indorsee or personal representative. It is perfectly clear that it does not interfere with the right of an administrator de bonis non to take possession of the unadministered assets of the estate he represents; and to sue as such upon notes or other evidence of debt payable to his predecessor in the administration. The case of Spence v. Rutledge, 11 Ala. Rep. 490, and the citations there made, show the right of the…
2Cases cited6 opinions
- Shehan v. HamptonSupreme Court of Alabama · 1846
- Andrews v. IvesSupreme Court of Connecticut · 1820
- Bates v. StarrSupreme Court of Vermont · 1830
- Miller v. McIntyreSupreme Court of Alabama · 1846
- Lapham v. BarrettSupreme Court of Vermont · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Robinson v. MurphySupreme Court of Alabama · 1881
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Hamilton v. EdmundsonSupreme Court of Alabama · 1937
- Brown v. Lowndes CountySupreme Court of Alabama · 1918
- Roland v. LoganSupreme Court of Alabama · 1850
4 more not listed; retrieve them via the Exa API.