Steele v. Graves
Supreme Court of Alabama
Appeal from Perry Probate Court. Heard before T. W. Sprott, Register in Chancery; (the Probate Judge being incompetent to try the cause.) This was a motion made by Elijah A. Steele and S. S. Ring to quash executions issued out of the Probate Court of Perry county in favor of H. C. Graves and others. These executions were issued against W. B. Modawell, E. A. Steele, Robert L. Steele, S. S. Ring, John Moore, and J. B. Cocke.
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Appeal from Perry Probate Court. Heard before T. W. Sprott, Register in Chancery; (the Probate Judge being incompetent to try the cause.) This was a motion made by Elijah A. Steele and S. S. Ring to quash executions issued out of the Probate Court of Perry county in favor of H. C. Graves and others. These executions were issued against W. B. Modawell, E. A. Steele, Robert L. Steele, S. S. Ring, John Moore, and J. B. Cocke. The Probate Court refused the motion to quash, and its action in doing so is the error assigned. The facts are stated in the opinion of the court.
1Opinion of the CourtStone, J.
W. B. Modawell was appointed administrator de bonis non of the estate of R. H. Hudson on the 15th day of July, 1865, and gave bond with Elijah Steele, Robert L. Steele and S. S. Ring as sureties. On the 13th day of February, 1871, W. B. Modawell resigned bis said administration. On the 15th day of the same month — two days after-wards — the said W. B. Modawell was again appointed administrator de bonis non of the same estate, and gave a new bond, with J. B. Cocke and John Moore as his sureties. In May, 1878, W. B. Modawell, having previously filed his account current and vouchers, made a…
2Cases cited7 opinions
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Seawell v. Buckley's DistributeesSupreme Court of Alabama · 1875
- Lamkin v. HeyerSupreme Court of Alabama · 1851
- Modawell v. HudsonSupreme Court of Alabama · 1876
- Kirby's Adm'r v. AndersSupreme Court of Alabama · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Martin v. TallySupreme Court of Alabama · 1882
- Waldrop v. Friedman & LovemanSupreme Court of Alabama · 1890
- Modawell v. HudsonSupreme Court of Alabama · 1885
- Harmon v. McDonaldMassachusetts Supreme Judicial Court · 1905
- Steele v. GravesSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.