Cunningham v. Thomas
Supreme Court of Alabama
Appeal' from the Probate Court of Conecuh. Tried before the Hon. F. M. Walker. On the 29th day of September, 1876, Mrs. Susan J. Cunningham, as executrix of the last will and testament of James 'Cunningham, deceased, filed in the court of probate of Conecuh county the following petition: ,u To the Hon. Francis M. Walker, Judge of Probate of said county: Your petitioner, Susan J. Cunningham, would respectfully .state and aver, that she is now, and has been since the first day…
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Appeal' from the Probate Court of Conecuh. Tried before the Hon. F. M. Walker. On the 29th day of September, 1876, Mrs. Susan J. Cunningham, as executrix of the last will and testament of James 'Cunningham, deceased, filed in the court of probate of Conecuh county the following petition: ,u To the Hon. Francis M. Walker, Judge of Probate of said county: Your petitioner, Susan J. Cunningham, would respectfully .state and aver, that she is now, and has been since the first day of January, 1874, a citizen of the city and county of Mobile, said State, and the widow of the late James Cunningham,…
1Opinion of the Court
STONE, J.—
If the averments of the petition in this case be true, the estate of Mr. Cunningham was seriously injured by the decree rendered in favor of Thomas, administrator de bonis non of the estate of Stallworth, against Mrs. Cunningham, as executrix of Cunningham’s will. Still, we feel bound to affirm the decree of the Probate Court, sustaining the demurrer, and dismissing the petition. The proceedings, though possibly irregular in some respects, were not void; and hence they could not he vacated in a collateral proceeding by petition.
When Thomas was appointed- administrator de bonis non,…
2Cases cited6 opinions
- Ex parte MaxwellSupreme Court of Alabama · 1861
- Dow v. WhitmanSupreme Court of Alabama · 1860
- Howard's Distributees v. Howard's Adm'rSupreme Court of Alabama · 1855
- Davis v. SwearingenSupreme Court of Alabama · 1876
- Blackwell v. VastbinderSupreme Court of Alabama · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hatch v. FergusonCourt of Appeals for the Ninth Circuit · 1895
- Leatherwood v. SullivanSupreme Court of Alabama · 1886
- Alabama Co. v. BrownSupreme Court of Alabama · 1921
- Sullivan v. RabbSupreme Court of Alabama · 1888
- Trawick's Heirs v. Trawick's Adm'rsSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.