Medley v. Shipes
Supreme Court of Alabama
Appeal from Dale Circuit Court. Heard before Hon. A. H. Alston. Ejectment by W. J. Medley and others against Nelson Shipes and others. Judgment for defendants and plaintiffs appeal. The decree of the court discharging the administrator was .final and concluded the probate court’s jurisdiction.
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Appeal from Dale Circuit Court. Heard before Hon. A. H. Alston. Ejectment by W. J. Medley and others against Nelson Shipes and others. Judgment for defendants and plaintiffs appeal. The decree of the court discharging the administrator was .final and concluded the probate court’s jurisdiction. A court of equity might have acquired jurisdiction to declare the estate insolvent and vest the fee in the homestead in the widow at her instance, but the probate court could not after the lapse of the term at which the decree was granted, take jurisdiction to declare it insolvent. Hence, under the…
1Opinion of the CourtSomerville, J.
The action is statutory ejectment. Plaintiffs’ (appellants here) claim title as heirs of their father, Eldridge Medley, who died intestate on November 22, 1884. Defendants claim as purchasers from Jane Medley, deceased, who was the surviving AvidOAV of said intestate.
*96The only question presented on the trial was whether Jane Medley owned a life estate or a fee-simple estate in the land sued for.
The history of intestate’s estate, as shown, by the bill of exceptions, is as follows:
J. E. French, the original administrator, having resigned the trust, made a final settlement of his administration…
2Cases cited4 opinions
- O'Daniel v. GaynorSupreme Court of Alabama · 1907
- Watt's Adm'r v. Watt's DistributeesSupreme Court of Alabama · 1861
- Hicky v. StallworthSupreme Court of Alabama · 1904
- Horn v. BryanSupreme Court of Alabama · 1870
3Cited by7 opinions
- Evans v. EvansSupreme Court of Alabama · 1925
- Miles v. LeeSupreme Court of Alabama · 1913
- Hammond v. ShippSupreme Court of Alabama · 1974
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Nix v. McCoySupreme Court of Alabama · 1967
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