Supreme Court of Alabama, 1877

McCullough v. Wise

Supreme Court of Alabama · Decided December 15, 1877 · Stone

57 Ala. 623

Cases that cite this one

6 later published cases cite this decision.

Comer v. Hart (Ala. 1885)
Layton v. Hamilton (Ala. 1926)
Watson v. Prestwood (Ala. 1885)
Calhoun v. Fletcher (Ala. 1879)
Glenn's Adm'r v. Billingslea (Ala. 1879)
Masterson v. Pullen (Ala. 1878)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

STONE, J.

1. The eases of Golding v. Golding (24 Ala. 122), and Russell v. Erwin (41 Ala. 292), have settled that an executor or administrator, under our statutes, has such a right to the possession of lands of his testator, or intestate, as that he can maintain ejectment for its recovery; see, also, Boynton v. McEwen, 36 Ala. 348. A title or right which will maintain ejectment, must necessarily be a good defense to one right in possession.

2. The executrix, having, with her own means, paid the debts of her testator, and there being no other assets, save his interest in the lands sued for, and the estate being in her debt on account of such payment, the heirs can not recover of her while the estate remains unsettled.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.