Upchurch v. Norsworthy
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Before the Hon. Samuel Chapman. The defendant in error, as administrator of Thomas Wool-folk, declared against the plaintiff, in assumpsit. ' In the progress of the trial, a bill of exceptions was Sealed by the presiding judge, which presents the following facts: The deceased, Thomas Woolfolk, died in 1840, possessed Of a- plantation, and sundry slaves.
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Error to the Circuit Court of Pickens. Before the Hon. Samuel Chapman. The defendant in error, as administrator of Thomas Wool-folk, declared against the plaintiff, in assumpsit. ' In the progress of the trial, a bill of exceptions was Sealed by the presiding judge, which presents the following facts: The deceased, Thomas Woolfolk, died in 1840, possessed Of a- plantation, and sundry slaves. Before his death, he made and executed a will, in the following language: “I give my wife, every thing I possess, during her Widowhood. If she marries, she is to have a third. Not to give security, When…
1Opinion of the CourtDargan, J.
At the time the plaintiff in error sold .the slaves, neither letters of administration nor testamentary, had been granted of the goods of Thomas Woolf oik, deceased, and no authority whatever, to sell, had -been obtained from the orphans’ court. -Such a sale, beyond doubt,-is void, and gives the purchasers no title whatever: See 4 Ala. 442; 9 ib. 908; 12 ib. 298.
Yet, it does not follow, that the plaintiff in error can plead his want of authority to sell the slaves, in bar of this action to recover of him the money he has. received upon such sale ; or that he can insist, that his purchaser has…
2Cases cited5 opinions
- Hearsey v. PruynNew York Supreme Court · 1810
- Wier v. DavisSupreme Court of Alabama · 1842
- Sanders v. HamiltonCourt of Appeals of Kentucky · 1835
- Thompson v. StickneySupreme Court of Alabama · 1844
- Young v. AlgeoSupreme Court of Pennsylvania · 1834
3Cited by17 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Boring v. WilliamsSupreme Court of Alabama · 1850
- Ivey's Adm'r v. OwensSupreme Court of Alabama · 1856
- Lewis v. WellsSupreme Court of Alabama · 1874
- Crow v. Boyd's AdministratorsSupreme Court of Alabama · 1849
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