Legal Opinion

Chamblee v. Proctor

Supreme Court of Alabama

Decided May 22, 1919No. 6 Div. 901PublishedCited by 7 opinions

Appeal from Probate Court, Jefferson County; J. P. Stiles, Judge. • ,- Petition by Annie Proctor and others against John W. Chamblee, administrator, etc. From an order citing defendant to final settlement, he appeals.

1Opinion of the CourtSayre, J.

[1] This appeal is supported by the order citing appellant administrator to a final settlement. Howard v. Howard, 26 Ala. 682; McDaniel v. Whitman, 16 Ala. 343. The motion to dismiss is overruled.

[2-4] On the facts alleged in the petition appellant’s administration of the estate in his beeping was ready for final settlement. Nor did appellant in his answer urge any material thing to the contrary. Of course the mortgage security held by Messrs. W. H. & H. U. Sims on real property of the estate of intestate could not be affected by any set-’ tlement made in the probate court in advance of its…

2Cases cited5 opinions

  1. McDowell v. JonesSupreme Court of Alabama · 1877
  2. Brannan v. SherrySupreme Court of Alabama · 1916
  3. Farris v. StoutzSupreme Court of Alabama · 1884
  4. Howard's Distributees v. Howard's Adm'rSupreme Court of Alabama · 1855
  5. McDaniel v. WhitmanSupreme Court of Alabama · 1849

3Cited by7 opinions

  1. Moore v. StephensSupreme Court of Alabama · 1956
  2. Foster v. FosterSupreme Court of Alabama · 1929
  3. N. L. Carpenter & Co. v. NaftelSupreme Court of Alabama · 1919
  4. North Birmingham American Bank v. WhiteSupreme Court of Alabama · 1932
  5. McClure v. PettyjohnSupreme Court of Alabama · 1932

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