Griffin v. Ryland & Burns
Supreme Court of Alabama
Appeal from Probate Court of Mobile. Tried before Hon. G. Horton. This was a petition to the probate court of Mobile, by Tbos. H. Griffin and others, the heirs-at-law and devisees of James McDevitt, deceased, praying that the final settlement of said estate, made by the executors of McDevitt, in the probate court of Mobile, in the year 1864, be set aside and declared null and void, and that the executors be cited to file their accounts for final settlement, &o.
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Appeal from Probate Court of Mobile. Tried before Hon. G. Horton. This was a petition to the probate court of Mobile, by Tbos. H. Griffin and others, the heirs-at-law and devisees of James McDevitt, deceased, praying that the final settlement of said estate, made by the executors of McDevitt, in the probate court of Mobile, in the year 1864, be set aside and declared null and void, and that the executors be cited to file their accounts for final settlement, &o. The petition states, in substance, that McDevitt, a resident citizen of Mobile, died in Mobile in the year 1854, leaving a last will…
1Opinion of the CourtPeck, C. J.
In deciding this case, we shall treat the judgments and decrees rendered by the courts 'of the rebel State government as standing on the footing and having the legal effect of foreign judgments and decrees.
Foreign judgments, when carried into effect, are a protection to the parties to such judgments. — 2 Kent’s Com. p. 120, marg.
The judgment of the probate court in this case is not only a final judgment, but was carried into effect immediately after it was rendered. It must be held, therefore, to protect the appellees until it is impeached for fraud, or avoided by some legal proceeding for…
2Cited by10 opinions
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- Green's Administrator v. ScarboroughSupreme Court of Alabama · 1873
- Tarver v. TankersleySupreme Court of Alabama · 1874
- Warnock v. ThomasSupreme Court of Alabama · 1872
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