Gordon's Adm'r v. Ross
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 8th December, 1869, by the administrator de bonis non of the estate of J ohn W. Gordon, deceased, against Mrs. Jane W. Gordon, the widow of said decedent, John W. R. Gordon, the only child of said John W. and Jane W. Gordon, and several other persons.
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Appeal from the Chancery Court of Talladega. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 8th December, 1869, by the administrator de bonis non of the estate of J ohn W. Gordon, deceased, against Mrs. Jane W. Gordon, the widow of said decedent, John W. R. Gordon, the only child of said John W. and Jane W. Gordon, and several other persons. Its object was to review, for error apparent, a decree ren- ' dered by said Chancery Court, at its February term, 1865, in favor of Mrs. Jane W. Gordon individually, against herself as administratrix of her husband’s estate,…
1Opinion of the Court
BBICKELL, 0. J.
The original bill was filed on the 8th day of December, 1869, and seeks to review, for errors apparent, a decree of the Court of Chancery, rendered on the 14th February, 1865. The decree is also impeached for fraud, and its vacation because of the fraud is another object of the bill, relief being prayed in each aspect of the case. It is certainly true, that bills in equity may be originally filed, or may be so amended, as to present the case of the'complainant in a double aspect, or, as it is sometimes expressed, in the alternative. But, to prevent surprise, the embarrassment…
2Cases cited6 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Badger v. BadgerSupreme Court of the United States · 1865
- James v. JamesSupreme Court of Alabama · 1876
- Micou v. AshurstSupreme Court of Alabama · 1876
- Evans v. BaconMassachusetts Supreme Judicial Court · 1868
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3Cited by41 opinions
- Johnson v. Shenandoah Life Insurance CompanySupreme Court of Alabama · 1973
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Williams v. BedenbaughSupreme Court of Alabama · 1926
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Gill v. MoreSupreme Court of Alabama · 1917
36 more not listed; retrieve them via the Exa API.