Glennon v. Mittenight
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. W. Coleman. In this case, as the agreed facts'show, a bill was filed on the 1st April, 1885, by Charles Mittenight, against the executors of the last will and testament of James T. Shelton, deceased, with his widow and children, as devisees and legatees under his will; and sought to compel a settlement of the estate, and to enforce a legacy bequeathed to the complainant, as a charge on the unsold lands.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. W. Coleman. In this case, as the agreed facts'show, a bill was filed on the 1st April, 1885, by Charles Mittenight, against the executors of the last will and testament of James T. Shelton, deceased, with his widow and children, as devisees and legatees under his will; and sought to compel a settlement of the estate, and to enforce a legacy bequeathed to the complainant, as a charge on the unsold lands. On the 3d December, 1887, a decree was rendered in favor of the complainant for $2,872, as the amount due on his legacy;…
1Opinion of the CourtMcCLELLAN, J.
The decree directed the sale of certain property, which had belonged to James T. Shelton, deceased, or of the interest which he had held therein. The register reported, that in execution of the decree, he had sold “all the right, title and interest of the late James T. Shelton, deceased, in and to” certain realty. The extent of this interest in the property described is shown by the affidavit of Charlotte T. Shelton. She swears that the deceased owned only an undivided one-half interest in the land. This affidavit was, of course, not the best evidence of the fact; but no objection was…
2Cases cited1 opinion
- Perry County v. Selma, Marion & Memphis RailroadSupreme Court of Alabama · 1880
3Cited by13 opinions
- Spence v. SpenceSupreme Court of Alabama · 1940
- Roy v. O'NeillSupreme Court of Alabama · 1910
- Harduval v. Merchants' & Mechanics' Trust & Savings BankSupreme Court of Alabama · 1920
- Hayes v. BettsSupreme Court of Alabama · 1933
- De Loach v. WhiteSupreme Court of Alabama · 1919
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