Winter v. London
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbabd. This action was brought by Alex. T. London, suing as the administrator of the estate of Daniel S. Schanck, deceased, against Mrs. Mary E. Winter, Joseph S. Winter, and others ; and was founded on an appeal and supersedeas bond, which the defendants had executed on taking an appeal to the Supreme Court from a decree rendered by the City Court of Montgomery, sitting in equity, in a suit…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbabd. This action was brought by Alex. T. London, suing as the administrator of the estate of Daniel S. Schanck, deceased, against Mrs. Mary E. Winter, Joseph S. Winter, and others ; and was founded on an appeal and supersedeas bond, which the defendants had executed on taking an appeal to the Supreme Court from a decree rendered by the City Court of Montgomery, sitting in equity, in a suit instituted by the Montgomery Gas-Light Company," by bill of interpleader, against said London as administrator, Mrs. Winter,…
1Opinion of the CourtHabalson, J.
Section 2013 of the Code provides, that “Courts of probate, within their respective counties, have authority to grant letters of administration on the estates of persons dying intestate,” in five specified instances, the 3d of which is, “Where the intestate not being an inhabitant of the State, dies out of the county, leaving assets therein.”
The conditions on which the letters of administration were granted to plaintiff, were exactly in accordance with this section of the Code ; and there is no proof in the record that the plaintiff’s intestate owned any property, at the time of his death,…
2Cases cited4 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Broughton v. BradleySupreme Court of Alabama · 1859
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Nicrosi v. GiulySupreme Court of Alabama · 1888
3Cited by11 opinions
- Murphy v. CrouseCalifornia Supreme Court · 1901
- Carr v. Illinois Central R. R.Supreme Court of Alabama · 1912
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1907
- Louisville & N. R. Co. v. TallySupreme Court of Alabama · 1919
- Alabama Great Southern Railroad v. HillSupreme Court of Georgia · 1913
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