Stewart's Adm'r v. Stewart's Heirs
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. JohN Fostee. This bill was filed by Franklin C. Owen, against the heirs-at-law and distributees of John Stewart, deceased, for a settlement of his administration on the estate of said Stewart, which was pending in the probate court of Lawrence.
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. JohN Fostee. This bill was filed by Franklin C. Owen, against the heirs-at-law and distributees of John Stewart, deceased, for a settlement of his administration on the estate of said Stewart, which was pending in the probate court of Lawrence. It alleged, that said Stewart died, intestate, in 1834, leaving a considerable estate, but much involved in debt; that letters of administration on his estate were afterwards, in 1834, granted to complainant by said probate court; that in 1835, soon after the passage of the statute…
1Opinion of the Court
STONE, J".
— ¥e think the chancellen erred, in dismissing this bill for the want of equity. During the lifetime of Mr. Stewart, he had agreed with Mr. Gibson for an exchange of eighty acres of land; and pursuant to that agreement, each party had taken possession of the land thus obtained from the other. No title had been made by either; and hence, to perfect the exchange, a resort to some legal proceedings became necessary. The plan adopted in this case was an application by Mr. Owen, the administrator, to the orphans’ court for leave to sell the land which had fallen to Gibson in the…
2Cases cited15 opinions
- Gould v. HayesSupreme Court of Alabama · 1851
- Bendall's Distributees v. Bendall's Adm'rSupreme Court of Alabama · 1854
- Pinckard's Distributees v. Pinckard's AdministratorsSupreme Court of Alabama · 1854
- Elliott v. HornSupreme Court of Alabama · 1846
- Waldron, Isley & Co. v. SimmonsSupreme Court of Alabama · 1856
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3Cited by38 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Evans v. WilhiteSupreme Court of Alabama · 1910
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Campbell v. BeyersSupreme Court of Alabama · 1914
- Faught v. FaughtIndiana Supreme Court · 1884
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