Swope v. Swope
Supreme Court of Alabama
Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. Bill by Carter Swope against Clay Swope and others, with cross-bill by Edgar C. Swope as administrator, for the settlement of an estate, and to remove it from the probate to the chancery court. From the decree Clay Swope and others appeal.
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Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. Bill by Carter Swope against Clay Swope and others, with cross-bill by Edgar C. Swope as administrator, for the settlement of an estate, and to remove it from the probate to the chancery court. From the decree Clay Swope and others appeal. Under the statute, respondent may present his defense by answer and plea jointly, or he may file them separately. —Sec. 3113, Code 1907; Tyson v. Decatur L. Go., 121 Ala. 418; Sellers v. Farmer, 147 Ala. 447. The practice of testing pleas is abolished by section 3115, Code 1907. The pleas…
1Opinion of the CourtAnderson, J.
“Though the concurrent jurisdiction of the chancery and probate courts over the administration of estates has been repeatedly recognized, it is well settled that an administrator or executor must proceed in the probate court, unless there exists some special equity, which the probate court, because of its limited jurisdiction, is incompetent to administer, and that a court of equity will not, at the instance of the personal representative, take jurisdiction of his administration, unless it affirmatively appears that the probate court cannot afford adequate relief.” — Harland v. Person, 93…
2Cases cited6 opinions
- Harland v. PersonSupreme Court of Alabama · 1890
- Ex parte JonesSupreme Court of Alabama · 1901
- Seals v. Pheiffer & Co.Supreme Court of Alabama · 1884
- Gamble v. JordanSupreme Court of Alabama · 1875
- Norton v. NortonSupreme Court of Alabama · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Herren v. BeckSupreme Court of Alabama · 1935
- Thomas v. StateSupreme Court of Alabama · 1941
- Ex Parte ConradiSupreme Court of Alabama · 1923