Griffin v. Spence
Supreme Court of Alabama
Appeal from Chambers Chancery Court. Heard before Hon. N. S. Graham. The bill in this canse was filed on the 15th of July, 1881, by Samuel Spence, as the administrator of the estate of James W.. Nellam, deceased, the appellee, against James M. Griffin, S. J.. Oostley and II. "W. Finney, as the administrator de bonis non of the estate of "Warrenton Costley, deceased, the appellants, for the purpose stated in the opinion.
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Appeal from Chambers Chancery Court. Heard before Hon. N. S. Graham. The bill in this canse was filed on the 15th of July, 1881, by Samuel Spence, as the administrator of the estate of James W.. Nellam, deceased, the appellee, against James M. Griffin, S. J.. Oostley and II. "W. Finney, as the administrator de bonis non of the estate of "Warrenton Costley, deceased, the appellants, for the purpose stated in the opinion. The material averments of the bill are substantially as follows: In 1859, James "W. Kellam and Henry L. "Wilkinson entered into a partnership for the purpose of engaging in a…
1Opinion of the CourtBbickell, C. J.
-The purpose and prayer of the original bill is to revive and execute a decree of the court of chancery against Oostley, as affirmed against him, and his sureties on the appeal bond, by the judgment of this court, which has become abated by the death of the complainant, in whose favor it was-rendered, and also by the death of Oostley, the original defendant. To the suit in which the decree was rendered, the present complainant was a party defendant, but, as is now averred, was a mere nominal party, that he might concede the right of Towles, in whose favor the decree was rendered, “to control…
2Cases cited2 opinions
- State ex rel. Waring v. Mayor of MobileSupreme Court of Alabama · 1854
- Marshall v. GayleSupreme Court of Alabama · 1877
3Cited by10 opinions
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- J. I. Case Threshing Machine Co. v. EdmistenNebraska Supreme Court · 1909
- West v. WestCourt of Civil Appeals of Alabama · 1975
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