Public-domain · open source
OpenJurist

27 Ala. 644

Agee v. Williams

Supreme Court of Alabama

Decided June 15, 1855

Supreme Court of Alabama · decided 1855-06-15

Tried before the Hon. C. W. Rapier. The defendant in this case was summoned “ to answer the complaint of James Williams, administrator of Edward Williams, deceased”; and the complaint was as follows: “ James M. Williams, adm’r of' Edward Williams, dec’d, vs, William R. Agee.

Relies on Arrington v. Hair · Chapman v. Spence · Traylor v. Marshall

Good law ✅— No negative treatment on recordhow we know

Decided 1855-06-15

How this case has been cited

Cited by 11 later decisions — most recently November 1891

11 state decisions

4018551860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

RICE, J.

¶1It is clear, upon authority, that the plaintiff in the complaint in this case is James M. Williams as an individual, and not as an administrator of any intestate. The complaint does not put in issue the title of any intestate to the slave sued for, but only the title of James M. Williams as an individual. The words “ administrator of Edward Williams”, which follow the name of James M. Williams in the *646margin or caption of the complaint, must be treated as descrip-tio persones. — Arrington v. Hare, 19 Ala. 243; Tate v. Shackelford, 24 ib. 510; 1 Saund. Pl. & Ev. 497, 498; Chapman v. Spence, 22 Ala. 588.

¶2Under the complaint, the plaintiff cannot recover upon mere proof of the title of any intestate, but must fail unless he proves title in himself as an individual; unless it be one of those cases, where proof of a mere prior possession in the plaintiff will enable him to recover. There is nothing in the record to show that it is one of this class of cases. — Herring v. Glisson, 2 Dev. R. 156; Traylor v. Marshal, 11 Ala. 458.

¶3Tjie charge of the court below is erroneous; and its judgment is-therefore reversed, and the cause remanded.

/27/ala/644 · .json · Public domain