16 Ala. 817 | Ala. | 1849
We will examine the errors assigned in their order.
These slaves were returned by the administrators as assets belonging to the estate, in the inventory which they filed in the Orphans’ Court. They were in ihe possession of Eli Lewis, and a solemn judgment of the court is shown by which they recovered said property from Lewis, which property they now have in possession. We think, under such circumstances, it would be to introduce a new and very dangerous principle of decision to hold that the administrator may set up in himself as against the estate an adverse title, acquired from one in whose behalf he insists the judgment was a device to defraud creditors. We find no authority to sustain such a position and cannot give it our sanction.
The view we take of this case renders it unnecessary to go into the question as to the right of the administrators to compromise doubtful claims, or to dispose of the property of the estate by private arrangement, in the extinguishment of claims against it.
We can perceive no error in the record available to the plaintiff in- error, and the decree of the court below must be affirmed.