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234 Ala. 144

174 So 231

Owens v. Lackey

Supreme Court of Alabama

Decided April 29, 1937

Supreme Court of Alabama · decided 1937-04-29

Cited by 2 later decisions — most recently March 1954

2 state decisions

Relies on Brown v. Floyd

Good law ✅— No negative treatment on recordhow we know

Decided 1937-04-29

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GARDNER, Justice.

¶1 Defendant, in this tort action, is sued in her representative capacity as administratrix of the estate of Eugene Lackey, deceased. It is the established rule in this jurisdiction (Brown v. Floyd, 163 Ala. 317, 50 So. 995), in harmony with the current of authority elsewhere (24 Corpus Juris, 128; 11 R.C.L. p. 172), that the estate of a deceased persqn ca'nnot be held liable for the torts of the personal representative. The liability, if any, is individual only. The complaint states no cause of action against defendant in her representative capacity, and, any other question aside, the demurrer thereto was properly sustained.

¶2 Let the judgment stand affirmed.

¶3 Affirmed.

ANDERSON, C. J., and BOULDIN and FOSTER, JJ., concur.
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