Public-domain · open source
OpenJurist

37 Ala. 93

Phillips v. Threadgill

Supreme Court of Alabama

Decided June 15, 1860

Supreme Court of Alabama · decided 1860-06-15

.Heard before the Hon. James B. Clabk. 'The bill in this case was filed, on the 11th February, 1858, by John A. J. Phillips, and Mary E. his wife, (formerly Mary E. Drake,) against' William Threadgill, and Martha A., his wife, (formerly Martha A. Drake;) and sought a recovery, partition, and distribution of certain slaves, which were alleged to be in the possession of the ■defendants at the commencement of the suit.

Cited by 1 later decisions — most recently June 1871

1 state decisions

Relies on Marshall v. Crow's Adm'r · Blackwell's Adm'r v. Blackwell's Distributees · Gardner v. Gantt

Good law ✅— No negative treatment on recordhow we know

Decided 1860-06-15

View the full empirical analysis of this case →

R. W. WALKER, J.

¶1Wiiete distributees file a bill against a parson in adverse possession, for the recovery and distribution of property belonging to the estate, it is indispensable that there should be an administrator of the estate, and that he should tie 'made a-party to the s’uit. — Gardner Gaunt, 19 Ala. 666; Robinson v. Robinson, 11 Ala. 947; Blackwell v. Blackwell, 33 Ala. 64; Alexander v. Stewart, 8 Gill & J. 226; Marshall v. Crow, 29 Ala. 278. If the slaves, which the -complainants seek to recover and hate distributed, belong to the estate of Green W. Drake, the probate court of Russell County has jurisdiction to grant letters, of administration'on his estate :Code, § 1667, sub. 4. But,it does not appear that any administrator has been appointed by that court. At all events, tic peW sonal representative of the decedent is made a party to the suit) and, consequently, the legal title to the prop=-erty lias not been brought before the court. As this was a-fatal defect in the bill, the chancellor did not err in dismissing it.

¶2Decree affirmed*,

/37/ala/93 · .json · Public domain