McCartney v. Calhoun
Supreme Court of Alabama
Error to the Chancery Court of Talladega. The bill was originally filed on behalf of the defendant in error, an infant. The case made by the original, amended and supplemental bills, may be thus briefly stated: David Calhoun, the father of complainant, died in Franklin county, Georgia, some time in 1826, leaving a widow, and two sons, the complainant and his brother John C., and a considerable property in land, slaves, and other property, and unembarrassed, or owing but…
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Error to the Chancery Court of Talladega. The bill was originally filed on behalf of the defendant in error, an infant. The case made by the original, amended and supplemental bills, may be thus briefly stated: David Calhoun, the father of complainant, died in Franklin county, Georgia, some time in 1826, leaving a widow, and two sons, the complainant and his brother John C., and a considerable property in land, slaves, and other property, and unembarrassed, or owing but little. Matilda, the widow, and one William King, administered on the estate, and possessed themselves of it. Afterwards,…
1Opinion of the CourtOrmond, J.
The principal question in the cause is, whether William King, the administrator of David Calhoun, in the State of Georgia, acquired a title to the slaves, Mike, Candice and their children, by his purchase at his own sale, made in that State in the year 1828. If the sale was wholly unauthorized, the purchase by him was a nullity; but if the court of ordinary, in Georgia, had jurisdiction of the subject, and could therefore have directed the sale of the slaves, no matter how irregular its action may have been, the proceeding is not void, but voidable merely,' and the title acquired by a…
2Cases cited2 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- Wyman v. CampbellSupreme Court of Alabama · 1838
3Cited by8 opinions
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Garner v. PrewittSupreme Court of Alabama · 1858
- Mobile & Cedar Point R. R. v. Talman & RalstonsSupreme Court of Alabama · 1849
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
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