Whitney v. Jasper Land Co.
Supreme Court of Alabama
Appeal from Walker Probate Court. Tried before Hon. H. L. Watlington. Tlie facts are sufficiently stated in the opinion. The court, trying without a jury, denied the petition, and petitioner appeals. cited, Green, on Ev. 509; 13 A. & E. Encyc. of Law, 1157; Stewart v. Conner, 9 Ala. 803; Benner v. Bank, 9 Wheaton, 581; De,rriti v. Alexander, 25 Ala. 265; Garrett v. Lynch, 45 Ala. 204; 20 Am. and Eng.
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Appeal from Walker Probate Court. Tried before Hon. H. L. Watlington. Tlie facts are sufficiently stated in the opinion. The court, trying without a jury, denied the petition, and petitioner appeals. cited, Green, on Ev. 509; 13 A. & E. Encyc. of Law, 1157; Stewart v. Conner, 9 Ala. 803; Benner v. Bank, 9 Wheaton, 581; De,rriti v. Alexander, 25 Ala. 265; Garrett v. Lynch, 45 Ala. 204; 20 Am. and Eng. Enyc. of Law, 003, n. 1; Smith v. Wert, 64 Ala. 34; Code 1886, §558 et seq ■ Peclcly v. Street 87 Ala. 301; Ward v. State, 78 Ala. 456; 24 S. W. 444; Pruitt v. Pruitt, 43 Ala. 77; Lilly v.…
1Opinion of the CourtHaralson, J.
Proceeding by petition in the probate court of Walker county, filed therein on the 9th of January, 1897, to substitute the will of Hiram C. Whitney and the probate and record thereof in said court, alleged to have been destroyed.
The errors assigned are, 1st, the overruling of petitioners’ demurrer to defendants’ plea number 1. That plea was, “They [the defendants] deny all the allegations contained in said petition.” What the demurrer to this plea was, does not appear, but the judgment entry recites that it was overruled. This plea, certainly, was not liable to any conceivable demurrer. The…
2Cases cited12 opinions
- Beggs v. StateSupreme Court of Alabama · 1876
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Cary v. StateSupreme Court of Alabama · 1884
- McLendon v. JonesSupreme Court of Alabama · 1845
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
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3Cited by10 opinions
- Ryan v. YoungSupreme Court of Alabama · 1906
- Wise v. StateSupreme Court of Alabama · 1922
- Mitchell v. StateAlabama Court of Appeals · 1916
- Folsom v. CarnleySupreme Court of Alabama · 1923
- Lucas v. BoydSupreme Court of Alabama · 1908
5 more not listed; retrieve them via the Exa API.