Sands v. Hickey
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a statutory action of ejectment brought by the appellant against the appellees. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a statutory action of ejectment brought by the appellant against the appellees. The facts of the case are sufficiently stated in the opinion. The letters testamentary appearing to be regular on their face could not be collaterally attacked. — Russell v. Erwin, 41 Ala. 299; Morgan v. Casey, 73 Ala. 225; Moore v. Oottingham, 113 Ala. 161; Bromberg v. Sands, 127 Ala. 411; Code, § 55, note. An executor or administrator may maintain any action for the recovery of lands which the heir at law or devisee…
1Opinion of the CourtHahalson, J.
This was a suit in ejectment by 11. II. Bands, as administrator with the will annexed of Thomas Gretopull, deceased, against Mary A. Hickey, which, suit was commenced in the circuit court of Mobile county on the 13th day of October, 1900.
The defendant filed under oath her plea, setting up “that the said E. M. Sands was not at the time of the. filing "of the complaint in said cause, the lawfully appointed and qualified administrator of the estate of Thomas Gretopull, deceased.”
To this plea the plaintiff demurred, attaching to his demurrer a certified copy of his own appointment and…
2Cases cited16 opinions
- McDowell v. JonesSupreme Court of Alabama · 1877
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Prichard v. SweeneySupreme Court of Alabama · 1895
- Matthews v. DouthittSupreme Court of Alabama · 1855
- Morgan v. CaseySupreme Court of Alabama · 1882
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3Cited by4 opinions
- Hicky v. StallworthSupreme Court of Alabama · 1904
- Gross v. SlyeSupreme Court of Alabama · 1978
- Alvarez v. WarnerSupreme Court of Alabama · 1917
- Fields v. BakerSupreme Court of Alabama · 1953