Wilkinson v. Allen
Supreme Court of Alabama
Writ of Error to the Circuit Court of Tuskaloosa. This is a proceeding by sci. fa. at the suit of Wilkinson against Mary L. Allen as executrix, and J. N. Allen as devi-see, of W. B. Allen, to have execution against the lands devised in satisfaction of a judgment recovered against Allen in his lifetime.
Read the full summary
Writ of Error to the Circuit Court of Tuskaloosa. This is a proceeding by sci. fa. at the suit of Wilkinson against Mary L. Allen as executrix, and J. N. Allen as devi-see, of W. B. Allen, to have execution against the lands devised in satisfaction of a judgment recovered against Allen in his lifetime. The plaintiff filed a suggestion in the clerk’s office, setting out the judgment obtained in the lifetime of Allen, and asserting that since its recovery Allen had died, leaving all his real and personal estate (except certain bequests) to his wife, Mary L. Allen, and his son, J. N. Allen,…
1Opinion of the CourtGoldthwaite, J.
1. We shall waive any consideration here whether the statute on which this proceeding seems to be founded extends to devisees as well as heirs, and confine our examination to the precise questions presented cn the record. It is insisted the plea of the defendants is bad, for the reason that it omits to assert that no lands have come to the possession of the heir — assuming that J. N. Allen is attempted to be charged in that character.. We understand the plea as directly asserting this fact, and something more, where it is said that no lands descended to the party or were devised to him. These…
2Cases cited1 opinion
- Fitzpatrick v. EdgarSupreme Court of Alabama · 1843
3Cited by3 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Rose's Executors v. BozemanSupreme Court of Alabama · 1868
- Ogden v. SmithSupreme Court of Alabama · 1848