McBroom's Adm'rs v. McBroom's Creditors
Supreme Court of Alabama
ERROR, to the Chancery Court of Madison. Tried before the Hon. D. G. Ligón. The final settlement of the estate of Wm. McBroom, deceased, by Richard B. Purdom and Thomas McBroom, administrators de bonis non, was commenced in the Orphans’ Court of Madison.
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ERROR, to the Chancery Court of Madison. Tried before the Hon. D. G. Ligón. The final settlement of the estate of Wm. McBroom, deceased, by Richard B. Purdom and Thomas McBroom, administrators de bonis non, was commenced in the Orphans’ Court of Madison. A minute entry in the proceedings of that court'recites, that on account of the relationship of the judge to one of the administrators, the circuit judge being notified of the fact, had appointed commissioners to state the amount,,and make report thereof to the court. The commissioners made their report, and it was recorded. A subsequent…
1Opinion of the CourtChilton, J.
1. It is assigned for error, that the chancellor assumes that the cause was transferred from the Orphans’ Court in consequence of the interest which the judge of that court had in the subject matter. The order transferring the cause does not show upon what ground the transfer was made. It does appear however, from another part of the record, that the judge of the Orphans’ Court was incompetent to act, by reason of his relationship to Thomas McBroom, one of the administrators. It does not appear that any objection of this kind was made in the court below, but on the contrary, the parties…
2Cases cited3 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Lambeth v. GarberSupreme Court of Alabama · 1844
- McLaughlin v. Creditors of NelmsSupreme Court of Alabama · 1846
3Cited by2 opinions
- Thornton v. MooreSupreme Court of Alabama · 1878
- Reed's Adm'r v. MinellSupreme Court of Alabama · 1857