ENHearrin, Administrator, v. Savage, Administrator
Metadata
Case Number: 2570
Location: SC00088
Court Term: 1849 June
Catalog Record: http://archives-alabama-primo.hosted.exlibrisgroup.com/01ALABAMA:default_scope:01ALABAMA_ALMA215682820002743
Collection Creator: Alabama. Supreme Court
Description: In the manuscript records, the plaintiff's name is sometimes spelled "Harrin" or "Hearin." This case is summarized in Alabama Reports, volume 16, pages 286 through 294. Excerpt from the report: Error to the Orphans' Court of Clarke. Tried before the Hon. Terrell Powers, Judge. In 1843, P. T. Harris qualified as executor of Thomas L. Starke, deceased, was succeeded in the administration by Billups Gayle, who resigned in December 1845, and he by the defendant in error, who was appointed administrator de bonis non in January 1846, and upon whose representation the estate was declared insolvent on the 14th December 1846. The plaintiff in error was then selected and qualified as administrator. Upon the final settlement of his administration by the defendant in error, he produced in support of an item of $412.50 on the credit side of his account, as paid to B. Gayle, tile receipt of F. S. Blount, Esq., from which it appeared that as the attorney of the plaintiff in an execution in favor of one Davis against said Gayle as administrator, said Blount had received from Gayle the amount above named, to be credited on the execution, and which amount so paid by Gayle had been repaid to him by the defendant in error. The plaintiff in error objected to the allowance of this credit, on the ground that it was an illegal and improper credit, and should have been brought forward in Gayle's own settlement, but the court overruled the objection and allowed the credit. In support of a credit of $210 for money paid to Torrey & Williams, it was shown that $20 of it was for professional services rendered by them as attorneys at law to P. T. Harris, executor, $70 for professional services rendered to B. Gayle, administrator, and $40 for a trip by Williams, one of said attorneys, to Mobile, and services there rendered at the request of defendant in error. It was further shown in reference to this item, that the object of the visit to Mobile was to attend io the proper application of a sum of money in the hands of the sheriff, that was claimed adversely to the interest of the estate., under an execution in favor of the Bank of Mobile; and that John Gayle, Esq. an attorney residing in Mobile, had also been employed, and had defeated the claim of the bank, before the arrival of Williams. The plaintiff in error objected to the allowance of the several amounts of $20 and 170 above named, on the ground that they were illegal and improper credits, and should have been brought forward in the settlements respectively of Harris and Gayle, and to the credit of $40 as not a legitimate charge under the facts disclosed against the estate; which objections were overruled, and the whole credit allowed. In support of a credit of $250 paid Campbell & Chandler, it was shown that suit had been instituted against Thomas L. Starke in his life-time in the U. States Court at Mobile on the Receiver's bond of one Owen, upon which said Starke was a surety; that it was successively revived against Harris and Gayle as Starke's representatives; that Campbell & Chandler were employed to defend it, and finally succeeded in defeating it during Gayle's administration; and that the $250 was paid them by defendant in error as their fee in the case, after the estate was declared insolvent. To the allowance of this item also the plaintiff in error objected, on the ground that the administrator Gayle should have settled it, and that the defendant in error had no right to pay it after the decree of insolvency. The court overruled these objections and allowed the credit. In reference to a credit claimed for a considerable sum of money paid to John Gayle, Esq., it was shown that a part of it was for professional services rendered to B. Gayle as administrator, and which were beneficial to the estate, and. a part for expenses and compensation in going to Louisiana in pursuit of, and in capturing and bringing back to Alabama about forty negroes belonging to the estate, which had been run off by one of the heirs. It was proven that Gov. Gayle was employed in this business by the Branch Bank at Mobile, a large creditor of the estate, and that no contract was made by him with the administrator to perform this service. The court allowed the entire credit in opposition to the objection of the plaintiff in error. A credit was claimed of $200 paid to B. Gayle for assisting in the capture of these slaves, and similarly disposed of. Other credits were claimed for payments made to the several banks in Mobile, the objections to which are sufficiently noticed in the opinion of the court. To the rulings of the court respectively exceptions were taken, and they are now assigned as error.
Division: Southwestern Division
Language: English
Repository: Alabama Department of Archives and History, 624 Washington Avenue, Montgomery, Alabama 36130
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Collection Title: Alabama Supreme Court case files
Subject - Topics: African Americans; Debtor and creditor; Estates (Law); Inheritance and succession; Insolvency; Slavery
Subject - Places: Clarke County (Ala.)
Subject - People: Gayle, Billups; Gayle, John, 1792-1859; Harris, P. T.; Hearrin, Thomas; Savage, John B.; Starke, Napoleon B.; Starke, Thomas L.
Time Period: 1840-1849
Case: Hearrin, Administrator, v. Savage, Administrator
Upload Batch: SC00088_Hearrin_v_Savage
Repository: Alabama Department of Archives and History
Source: From: Hearrin, Administrator, v. Savage, Administrator
