Owens v. Childs
Supreme Court of Alabama
Appeal from Chancery Court of Pike. Heard before Hon. Adam O. Eelder. The beirs at law of William Ohilds, deceased, filed this bill against the appellant, Owens, praying, among other things, that he be enjoined from selling certain lands of the intestate, for payment of the expenses of administration and costs of certain litigation carried on by Owens, who, without being requested by the heirs or the only creditor, to whom an insignificant sum was due, sued out letters and…
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Appeal from Chancery Court of Pike. Heard before Hon. Adam O. Eelder. The beirs at law of William Ohilds, deceased, filed this bill against the appellant, Owens, praying, among other things, that he be enjoined from selling certain lands of the intestate, for payment of the expenses of administration and costs of certain litigation carried on by Owens, who, without being requested by the heirs or the only creditor, to whom an insignificant sum was due, sued out letters and carried on litigation, for certain- avowed and selfish ends of his own. The opinion sets out the facts. The cause having…
1Opinion of the CourtManning, J.
William Childs, who was owner of- the land, situated in Pike county, Alabama, which is the subject of this controversy, died in the State of Arkansas, in the year 1861. Owing no debts, or only a few small ones, that were paid by his children, then all of full age, they, in the early part of 1862, divided his property among themselves, by agreement. The Pike county land, 160 acres, was allotted to and taken by the appellees, sons of said William, who were complainants in this cause in Pike Chancery Court, and the rest of the family of deceased, all lived in other States, Arkansas, Texas, and…
2Cited by17 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
- Banks v. SpeersSupreme Court of Alabama · 1892
- Powell v. LabrySupreme Court of Alabama · 1923
- Falley v. GriblingIndiana Supreme Court · 1891
- Lee's Adm'r v. DowneySupreme Court of Alabama · 1880
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