Gamble v. Jordan
Supreme Court of Alabama
Appeal from Chancery Court of Henry. Heard, before Hon. B. B. McCraw. This was a bill in equity filed by tbe appellees, Ann Jordan and Mary Jordan, a minor, by said Ann as nest Mend, against William Gamble, tbe appellant, on tbe 25tb of June, 1872, seeking to vacate appellant’s final settlement, made in tbe probate court on tbe 14tb day of March, 1865, of bis administration of tbe estate of William B. Jordan, deceased, of whom appellees were tbe only heirs and distributees,…
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Appeal from Chancery Court of Henry. Heard, before Hon. B. B. McCraw. This was a bill in equity filed by tbe appellees, Ann Jordan and Mary Jordan, a minor, by said Ann as nest Mend, against William Gamble, tbe appellant, on tbe 25tb of June, 1872, seeking to vacate appellant’s final settlement, made in tbe probate court on tbe 14tb day of March, 1865, of bis administration of tbe estate of William B. Jordan, deceased, of whom appellees were tbe only heirs and distributees, and to require him to settle tbe estate in tbe court of chancery. Tbe bill alleged, among other things, that said final…
1Opinion of the Court
BRICKELL, 0. J.
The bill can not be sustained, unless each of the complainants has an interest and is entitled to relief. If the right of one has been determined at law, though the right of the other may not be concluded by the adjudication, relief can not be granted. — 1 Brick. Big. 750, §§ 1634-5. The complainant, Mrs. Ann J. Jordan, was fully sui juris, when the settlement of the administration was had in the court of probate. The jurisdiction of the court was complete and all its proceedings as to her were strictly regular, not affording matter for the assignment of error on appeal. The…
2Cases cited1 opinion
- Waring v. LewisSupreme Court of Alabama · 1875
3Cited by10 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Hall v. PegramSupreme Court of Alabama · 1888
- Moore v. Winston's Adm'rSupreme Court of Alabama · 1880
- Ligon v. LigonSupreme Court of Alabama · 1894
- Adams v. WalshSupreme Court of Alabama · 1914
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