Frowner v. Johnson
Supreme Court of Alabama
Eeeor to tbe Chancery Court of Mobile. Tried before the Hon. J. W. Lesesne. 1. Elizabeth C. Acre was a devisee under the will, which, was sought to be set aside. She was an essential party. The bill prayed that she be made a defendant; but she was never brought before the court by service of process; nor did she voluntarily appear and submit to its jurisdiction.
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Eeeor to tbe Chancery Court of Mobile. Tried before the Hon. J. W. Lesesne. 1. Elizabeth C. Acre was a devisee under the will, which, was sought to be set aside. She was an essential party. The bill prayed that she be made a defendant; but she was never brought before the court by service of process; nor did she voluntarily appear and submit to its jurisdiction. The decree, on this account, cannot be sustained, whether she and the other defendants below, or the other defendants without her, object to it. McMaken v. McMaken, 18 Ala. Rep. 578; Batre et al. v. Auze’s Heirs, 5 Ala. Rep. 173;…
1Opinion of the Court
GOLDTH WAITE, J.'
-This was a bill filed by the defendants in error against the plaintiffs, to set aside the will of Samuel Acre, and for distribution of the estate, as in case of intestacy.
In the progress of the case, an issue of devisavit rel non was aivarded and tried in the law- court, which resulted in a verdict against the will, which being certified to the Chancery Court, a decree was there rendered setting aside the will. After this, and before an account of the assets of the estate was taken, Margaret Johnson, one of the complainants and a dis-tributee of said estate, died, and…
2Cases cited2 opinions
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Distributees of Hall v. AndrewsSupreme Court of Alabama · 1849
3Cited by7 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Wright v. LangSupreme Court of Alabama · 1880
- McCracken v. McCaslinMissouri Court of Appeals · 1892
- Webster v. TalleySupreme Court of Alabama · 1948
- Jones & Cullom v. KnoxSupreme Court of Alabama · 1871
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