Stein v. Burden
Supreme Court of Alabama
Appeal from tbe Chancery Court at Mobile. Heard before the Hon. Wade Keyes. This bill was filed by John Burden against Albert Stein, to impeach and set aside a decree of the probate court in a cause therein pending between the same parties, which was affirmed on appeal by the supreme court at its June term, 1854. — See the case reported in 25 Ala. 455. The material facts of the case, as to the grounds on which equitable relief is sought against said decree, are stated in the…
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Appeal from tbe Chancery Court at Mobile. Heard before the Hon. Wade Keyes. This bill was filed by John Burden against Albert Stein, to impeach and set aside a decree of the probate court in a cause therein pending between the same parties, which was affirmed on appeal by the supreme court at its June term, 1854. — See the case reported in 25 Ala. 455. The material facts of the case, as to the grounds on which equitable relief is sought against said decree, are stated in the briefs of counsel, and in the opinion of the court. On final hearing, on bill, answer, and proof, the chancellor…
1Opinion of the CourtRice, C. J.
By section 1915 of the Code, the court of chancery is authorized to correct any error of law or fact whieh has occurred “in the settlement of the estate of a decedent,” to the injury of a party, “without any fault or neglect on his part,” if a bill for that purpose is filed Avithin two years after the final settlement of the estate. But the court of chancery is not authorized, either by statute or common law, to revise the decree of the probate judge of Mobile county, rendered since the Code went into effect, in a proceeding commenced by a writ of ad quod damnum issued under the act of…
2Cases cited5 opinions
- Pharr v. ReynoldsSupreme Court of Alabama · 1842
- Cullum v. Casey & Co.Supreme Court of Alabama · 1840
- Yancey v. DownerCourt of Appeals of Kentucky · 1824
- Taliaferro's Adm'r v. Branch BankSupreme Court of Alabama · 1853
- Logan v. OutenCourt of Appeals of Kentucky · 1816
3Cited by4 opinions
- Boswell v. TownsendSupreme Court of Alabama · 1876
- Scruggs v. BibbSupreme Court of Alabama · 1859
- Weaver v. StateSupreme Court of Alabama · 1865
- Damon v. Gaston, Williams & Wigmore, Inc.Supreme Court of Alabama · 1925