Davis v. Davis
Supreme Court of Alabama
WRIT of error to the Orphanss’ Court of Baldwin. The writ of error brings here for revision, a decree which is in the following words: «The State of Alabama, ? Orphans’ Court, in vacation. Held on Baldwin connty. ) the 3d day of Feb.
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WRIT of error to the Orphanss’ Court of Baldwin. The writ of error brings here for revision, a decree which is in the following words: «The State of Alabama, ? Orphans’ Court, in vacation. Held on Baldwin connty. ) the 3d day of Feb. A. D. 1841. This day came Joseph W. Davis, executor of the last will and testament of Benjamin Davis, deceased, and D. R. W. Davis, and Joseph P. Davis, and Frances M. Davis, and Sarah Ann Davis, by their attornies in fact, the said Joseph P. Davis, and Rachel Ellison and Jennett Johnson, by her attorney in fact, D. R. W. Davis, and prayed the court for a final…
1Opinion of the CourtCollier, C. J.
1. In Doe ex dem. Duval’s heirs v. McLoskey, [1 Ala. Rep 733,] it. was held that it would be intended on error, that a deeree of the orphans’ court was made on a day when the court could have been regularly holden — the reverse not.appearing, it must be presumed it was made in conformity to the statute. The decree in the case before us, was made on a day in vacation, and- the subject is such’as the judge of the county court is authorised to adjudicate out of term time — in fact, by the fifth section, of the act of 1821, [Clay’s Dig. 303,] he is required by order made in open court, to appoint…
2Cases cited2 opinions
- Taylor v. ReeseSupreme Court of Alabama · 1842
- Merrill v. JonesSupreme Court of Alabama · 1841
3Cited by8 opinions
- Ex parte MahoneSupreme Court of Alabama · 1857
- Browder v. FaulknerSupreme Court of Alabama · 1886
- Harrison's Adm'r v. MeadorsSupreme Court of Alabama · 1867
- Hutton v. WilliamsSupreme Court of Alabama · 1877
- Treadwell v. BurdenSupreme Court of Alabama · 1845
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