Legal Opinion

Tyson v. Brown

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 19 opinions

Appeal from the Chancery Court of Lowndes. Heard before the Hon. H. Austill. The bill in this case was filed on the 20th October, 1872, by Mary E. Brown, Martha L. Willingham, and others, as the heirs at law of James J. Willingham, deceased, against John A. Tyson, Stephen Hawkins, and Harrison Stephenson, and against George W. McQueen as the administrator of the estate of said J. J. Willingham ; and sought to recover the possession of a tract of land, which had belonged to…

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Appeal from the Chancery Court of Lowndes. Heard before the Hon. H. Austill. The bill in this case was filed on the 20th October, 1872, by Mary E. Brown, Martha L. Willingham, and others, as the heirs at law of James J. Willingham, deceased, against John A. Tyson, Stephen Hawkins, and Harrison Stephenson, and against George W. McQueen as the administrator of the estate of said J. J. Willingham ; and sought to recover the possession of a tract of land, which had belonged to said Willingham at the time of his death, which had been sold by said George W. McQueen, as the administrator of…

1Opinion of the CourtBb.ickell, C. J.

The appellees, as heirs at law of James J. "Willingham, deceased, filed the original bill, to recover the possession of lands descended, and the rents and profits thereof, of which the appellants were in possession, claiming title through a sale and conveyance made by the administrator of Willingham, under a decree of the Court of Probate of Lowndes county. The whole ground of relief is the asserted illegality, and consequent invalidity, of the decree of the Court of Probate ordering the sale of the lands. A demurrer was interposed by the appellant, Tyson, assigning as cause that the…

2Cases cited11 opinions

  1. Orton v. SmithSupreme Court of the United States · 1856
  2. Wyman v. CampbellSupreme Court of Alabama · 1838
  3. Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
  4. Masterson v. Girard's HeirsSupreme Court of Alabama · 1846
  5. Chighizola v. Le BaronSupreme Court of Alabama · 1852

6 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Brown v. TrentSupreme Court of Oklahoma · 1912
  2. Sloan v. SloanSupreme Court of Florida · 1889
  3. Powell v. LabrySupreme Court of Alabama · 1923
  4. Curry v. PeeblesSupreme Court of Alabama · 1887
  5. Wilkinson v. WilkinsonSupreme Court of Alabama · 1900

14 more not listed; retrieve them via the Exa API.

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