Legal Opinion

Harrison v. Mahorner

Supreme Court of Alabama

Decided June 15, 1848PublishedCited by 10 opinions

Error to the Circuit Court of Pickens. Before the Hon. S. Chapman. Debt by the defendant in error, executor of Nathaniel H. Hooe, against the plaintiff in error. The plaintiff in his declaration makes profert of his letters testamentary, obtained in the State of Mississippi, and duly recorded according to the statute.

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Error to the Circuit Court of Pickens. Before the Hon. S. Chapman. Debt by the defendant in error, executor of Nathaniel H. Hooe, against the plaintiff in error. The plaintiff in his declaration makes profert of his letters testamentary, obtained in the State of Mississippi, and duly recorded according to the statute. The defendant pleaded — 1. That the plaintiff was not the executor of Nathan H. Hooe, in manner and form as.in his said declaration alledged. 2. He craved oyer of the letters testamentary, which being set out, show, that letters testamentary were granted to the plaintiff, on the…

1Opinion of the CourtCollier, C. J.

rBy an act passed in 1821, it is enacted, that when letters testamentary, probate of a will, or letters of administration on the estate of any testator, &c., having no known place of residence in this state, at the time of his death, shall have been duly obtained in any other state, &c., and 'no personal representative of such testator, or intestate, shall have been appointed and qualified in this state, the representative appointed out of this State, “may maintain any action, demand and receive any debt, and shall be entitled to all the rights and privileges which he, she, or they, could…

2Cases cited14 opinions

  1. Vaughan v. NorthupSupreme Court of the United States · 1841
  2. Keer v. Devises of MoonSupreme Court of the United States · 1824
  3. Doolittle v. LewisNew York Court of Chancery · 1823
  4. Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
  5. Kane v. PaulSupreme Court of the United States · 1840

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3Cited by10 opinions

  1. New York Trust Co. v. RileySupreme Court of Delaware · 1940
  2. Hatas v. PartinSupreme Court of Alabama · 1965
  3. Broughton v. BradleySupreme Court of Alabama · 1859
  4. Jefferson v. BeallSupreme Court of Alabama · 1897
  5. Hatchett v. BerneySupreme Court of Alabama · 1880

5 more not listed; retrieve them via the Exa API.

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