Legal Opinion

Judge of Benton County Court v. Price

Supreme Court of Alabama

Decided January 15, 1844PublishedCited by 4 opinions

WRIT of error to the Circuit Court of Benton. This was an action of debt, at the suit of the plaintiff in error, against the defendants. The suit was brought for the use of James L. Simmons, administrator de bonis non, with the will annexed, of Wm. Burns, deceased, against Wm.

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WRIT of error to the Circuit Court of Benton. This was an action of debt, at the suit of the plaintiff in error, against the defendants. The suit was brought for the use of James L. Simmons, administrator de bonis non, with the will annexed, of Wm. Burns, deceased, against Wm. C. Price, the late sheriff of Benton, and, ex officio, the predecessor of Simmons in the administration of Burns’ estate, and Thomas R. Wii iiams and Isaac Haynes, his sureties in the bond, which he had executed for the faithful performance of his official duties. The declaration alleges, that, on the 14th of January,…

1Opinion of the Court

COLLIER, 0. J.

The question presented for the consideration of this court, is, whether the plaintiff’s action can be maintained % It is said that an administrator de bonis non is entitled *37to all the assets -which remain in specie, and were not administered by the first executor, or administrator. [3 Bac. Ab. 19, 20, 1 Lomax’s Ex’rs. 336.] But if the property, in any of the effects of the deceased, have been changed by the original executor or administrator, and have vested in him in his individual capacity, they cannot he recovered by an administrator de bonis non. [Ibid. Dodson v. Simpson, 2…

2Cases cited2 opinions

  1. Coney v. WilliamsMassachusetts Supreme Judicial Court · 1812
  2. Raguet v. WadeOhio Supreme Court · 1829

3Cited by4 opinions

  1. Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
  2. Joseph v. HendersonSupreme Court of Alabama · 1891
  3. Willis v. Willis' Adm'rSupreme Court of Alabama · 1846
  4. Stallworth's Adm'r v. FarnhamSupreme Court of Alabama · 1879

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