Tygh v. Dolan
Supreme Court of Alabama
Appeal from tbe Probate Court of Mobile. Heard before tbe Hon. PRICE WilliaMS. In tbe matter of tbe estate of Tbomas Dolan, deceased, on tbe petition of Mrs. Mary Dolan, widow’and administra-trix, to bave certain lots in Mobile allotted to lrer in lieu of homestead.
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Appeal from tbe Probate Court of Mobile. Heard before tbe Hon. PRICE WilliaMS. In tbe matter of tbe estate of Tbomas Dolan, deceased, on tbe petition of Mrs. Mary Dolan, widow’and administra-trix, to bave certain lots in Mobile allotted to lrer in lieu of homestead. Said Tbomas Dolan died in tbe city of Mobile, on tbe 15tb September, 1887, intestate, and without children; and letters of administration on bis estate were granted to bis widow on tbe 1st October, 1887. Said intestate was seized and possessed at tbe time of bis death of a bouse and lot in tbe city of Mobile, which was bis…
1Opinion of the CourtMoCLELLAN, J.
It can not be doubted that the plea to the jurisdiction of the Probate Court was sufficient to present the issue whether the Chancery Court had taken jurisdiction of the administration of Thomas Dolan’s estate. All that is necessary to such a plea, we apprehend, is that *271it should state the facts that a bill invoking the jurisdiction of tlie Chancery Court has been filed therein, and that court has assumed the exercise of such jurisdiction. Whether the bill to that end is sufficient, is a question which properly arises on the trial of the plea. It can not be necessary that such plea should set…
2Cases cited1 opinion
- Wood v. MorganSupreme Court of Alabama · 1876
3Cited by29 opinions
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Vaughn v. StateAlabama Court of Appeals · 1919
- Hinson v. NaugherSupreme Court of Alabama · 1922
- Dent v. FoySupreme Court of Alabama · 1921
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