Handley v. Heflin
Supreme Court of Alabama
Appeal from Bandolpli Chancery Court. Heard before Hon. S. K. McSpadden. 1. Tlie bill is multifarious as expressly settled in Clay v. Gurley, 62 Ala. "14. 2. There is no necessity for a discovery, since the bill alleges fraudulent sales of property worth much more than amount of plaintiff’s demand. 3. There is no necessity for removal of the administration into the Chancery Court.
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Appeal from Bandolpli Chancery Court. Heard before Hon. S. K. McSpadden. 1. Tlie bill is multifarious as expressly settled in Clay v. Gurley, 62 Ala. "14. 2. There is no necessity for a discovery, since the bill alleges fraudulent sales of property worth much more than amount of plaintiff’s demand. 3. There is no necessity for removal of the administration into the Chancery Court. Complainants can obtain relief without'removal, if •they are entitled thereto. 1. The conduct of the executor and widow make a clear case for a creditors’ bill. The entire property should have been retained by the…
1Opinion of the CourtSomebyille, J.
The present bill is filed by certain creditors of a decedent’s estate. Its purpose is to remove the settlement of the estate from the Probate to the Chancery Court, with a view of enforcing a final settlement in the latter tribunal; to enforce contribution from the personal representative of a co-surety of the complainants; to compel him to discover important facts alleged to be indispensable to justice; to hold the executor liable incidentally for a devastavit by reason of his premature assent to certain legacies left by the testator to his widow, and to pursue the property of the deceased…
2Cases cited10 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Hinds v. HindsSupreme Court of Alabama · 1885
- Houston v. BlackmanSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- Erswell v. FordSupreme Court of Alabama · 1922
- Williams v. Spragins, Buck & Co.Supreme Court of Alabama · 1893
- Nixon v. Clear Creek Lumber Co.Supreme Court of Alabama · 1907
- Rensford v. Magnus & Co.Supreme Court of Alabama · 1907
21 more not listed; retrieve them via the Exa API.