10 Ala. 804 | Ala. | 1846
Considering the deed as operative by its delivery, it is the settled law of this court, that the administration of the grant- or no more than himself, can insist on the question of fraud with the grantee. We held, in Martin v. Martin, 6 Ala. Rep. 367, that an administrator could not assert a title against the admissions of his intestate, with respect to slaves, although the slaves themselves might possibly have been subjected by creditors of the intestate, to their demands. The same principle governs the case of Rochelle v. Harrison, 8 Porter, 352, and is admitted in Dearman v. Radcliffe, 5 Ala. Rep. 192; Densler v. Edwards, Ib. 81, and Dearman v. Dearman, 4 Ib. 521. In view of these decisions, it is evident the pleas present no available bar, and that the party, as administrator, is estopped from denying the title his intestate has created.
■ As this conclusion is decisive of the principal defence relied on, we deem it unimportant to examine the questions growing out of the evidence, and proceed at once to examine into the right of the party on the record, to release error to the prejudice of the claim of the cestui que trust.
On the merits of the record, the judgment is reversed, and the cause remanded.