Hutchinson v. Gamble
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. The plaintiff in error declared against the defendant in detinue for a female slave and other property, alledging his possession as administrator, the loss by him and the finding and detention by the defendant.
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Writ of Error to the Circuit Court of Sumter. The plaintiff in error declared against the defendant in detinue for a female slave and other property, alledging his possession as administrator, the loss by him and the finding and detention by the defendant. Afterwards, the plaintiff voluntarily suffered a nonsuit, and offered to prove that the property sought to be recovered never was in his possession, and that the action was instituted in his representative character to recover property supposed to belong to his intestate’s estate, and of which the defendant obtained possession subsequent to…
1Opinion of the CourtCollier, C. J.
In Chandler, et al. v. Shehan, 7 Ala. Rep. 251, it was said that the test to determine whether a *37judgment against an administrator should be de bonis pro-priis, aut intestatis, is whether or not the money for which the action is brought, would if recovered be assets of the estate ; though it was conceded that it had been held in England, that a plaintiff suing as an executor or administrator would be liable de bonis propriis, if the action could have been maintained in his own name. And in Stewart, et al. v. Hood, et al. 10 Ala. Rep. 600, it was held, that in this State when an administrator…
2Cases cited2 opinions
- Stewart v. HoodSupreme Court of Alabama · 1846
- Chandler v. ShehanSupreme Court of Alabama · 1845
3Cited by2 opinions
- Jesse v. CaterSupreme Court of Alabama · 1856
- Reynolds v. CarterSupreme Court of Alabama · 1858