Hunley v. Hunley
Supreme Court of Alabama
Error to the 12th Chancery District. The cause was tried before the Hon. Chancellor Lesesne. The facts will appear in the opinion. made the following points: I. The bill should have been dismissed as to Richard Hunley ; his answer showing he had no interest, and he being improperly joined.
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Error to the 12th Chancery District. The cause was tried before the Hon. Chancellor Lesesne. The facts will appear in the opinion. made the following points: I. The bill should have been dismissed as to Richard Hunley ; his answer showing he had no interest, and he being improperly joined. Toulmin v. Hamilton, 7 Ala. 362; Cherry et al. v. Belcher, 5 S. Sf P. 133. II. 1. Under the demurrer the bill should have been dismissed for want of jurisdiction; the orphans’ court having previously taken jurisdiction for a final settlement, fyc. See Apperson v. Cottrell, 3 Porter, 51; Eaton v. Patterson…
1Opinion of the Court
CHILTON, J.'
The bill in this cause was filed by the defendant in error, on the 8th May, 1846, and charges, that in 1843, Richard Hunley, the late husband of complainant, departed this life intestate, leaving complainant his widow, and Ransom G. Hunley his son, and only heir at law. That after the decease of his father, but in the same year, Ransom G. Hunley departed this life, having made and published his last will and testament in the county of Lowndes, by which he appointed Caroline M. Hunley executrix, said Caroline being his widow. That said will has been duly recorded, *95and said Caroline…
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3Cited by20 opinions
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