Mason v. McNeill's Executors
Supreme Court of Alabama
Error to the Circuit Court of Coosa. Tried before the Hon. John D. Phelan. Detinue by Matilda Mason, suing by her next friend, against the executors of John McNeill, deceased, to recover certain negro slaves alleged to be in their possession, which they claim as belonging to the estate of their intestate. The suit appears to have been a friendly one, brought to test the right to the property.
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Error to the Circuit Court of Coosa. Tried before the Hon. John D. Phelan. Detinue by Matilda Mason, suing by her next friend, against the executors of John McNeill, deceased, to recover certain negro slaves alleged to be in their possession, which they claim as belonging to the estate of their intestate. The suit appears to have been a friendly one, brought to test the right to the property. The evidence is all sot out in the bill of exceptions ; and, as there was no conflict in the proof, that the question of title might be fairly presented, the court charged the jury that the law arising…
1Opinion of the CourtChilton, C. J.
Matilda Mason was the widow of the late John McNeill, who died in Coosa County, in this State, in the fall of 1843, and was the daughter and only heir of Silas Catchings, deceased. Silas was the son of Benjamin Catchings, who died in the State of Georgia in 1798, leaving seven children, and a widow, Mildred; the latter administered upon his estate, and subsequently married one Carlton. Mildred having sold all the property of her intestate, and purchased it in, died in 1840, being possessed of all the property so purchased, together with what is called in that State “ her widow’s thirds,” at…
2Cases cited16 opinions
- Hawley v. BradfordNew York Court of Chancery · 1841
- Banks' Adm'r. v. MarksberryCourt of Appeals of Kentucky · 1823
- Schuyler v. HoyleNew York Court of Chancery · 1821
- Johnson v. WrenSupreme Court of Alabama · 1830
- Machen v. MachenSupreme Court of Alabama · 1849
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3Cited by9 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Gibson v. LandSupreme Court of Alabama · 1855
- United States Fidelity & Guaranty Co. v. MontgomerySupreme Court of Alabama · 1933
- Walker's Adm'r v. Walker's Adm'rSupreme Court of Alabama · 1867
4 more not listed; retrieve them via the Exa API.