Ragland v. King's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Talladega. Ik the matter of the estate of William King, deceased,, on the petition of the appellants, who were the sureties of Solomon Spence, on his official bond as sheriff of Talladega county, to supersede and quash an execution, which had been issued against them, as such sureties, on a decree of said probate court against their principal, as administrator de lonis non of said King.
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Appeal from the Probate Court of Talladega. Ik the matter of the estate of William King, deceased,, on the petition of the appellants, who were the sureties of Solomon Spence, on his official bond as sheriff of Talladega county, to supersede and quash an execution, which had been issued against them, as such sureties, on a decree of said probate court against their principal, as administrator de lonis non of said King. The will of said King was admitted to probate, by the proper court in Talladega' comity, in June, 1S40; and, at the sáme time, letters testamentary thereon were granted to Mrs.…
1Opinion of the CourtR. W. Walker, J.
The questions-which aris'e in this ease are identical with those which have been considered and determined in the case of Ragland v. Calhoun’s' Adm’r, (36 Ala. 606,) except that, in addition to the defenses urged by the.sureties in the latter case, the, petitioners here assail the order for tire appointment of Spence as administrator cíe bonis non of King, as void, upon the ground that Mrs* King, the‘original administratrix, had neither died, resigned, nor been removed, and that her administration was therefore still outstanding when Spence was appointed* Although there is no formal order for…
2Cases cited2 opinions
- Ragland v. Calhoun's Adm'rSupreme Court of Alabama · 1860
- Speight v. KnightSupreme Court of Alabama · 1847
3Cited by6 opinions
- Milbra v. Sloss-S. S. & I. Co.Supreme Court of Alabama · 1913
- Coker v. CokerSupreme Court of Alabama · 1922
- In Re Estate of ShivversSupreme Court of Iowa · 1948
- Bean v. ChapmanSupreme Court of Alabama · 1878
- Cogburn v. McQueenSupreme Court of Alabama · 1871
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