McCutchen v. Loggins
Supreme Court of Alabama
Appeal from the City Court of Decatur. Heard before the Hon. Wm. H. Simpson. The bill in this case was filed by the appellants, Estes D. L. McOutchen and others, against the appellees, William J. Loggins and others. The nature of the case and the principal facts are stated in the opinion. On the trial of the issue submitted to the jury, the complainants duly reserved exceptions to the several rulings, among others, which are indicated and discussed in the opinion.
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Appeal from the City Court of Decatur. Heard before the Hon. Wm. H. Simpson. The bill in this case was filed by the appellants, Estes D. L. McOutchen and others, against the appellees, William J. Loggins and others. The nature of the case and the principal facts are stated in the opinion. On the trial of the issue submitted to the jury, the complainants duly reserved exceptions to the several rulings, among others, which are indicated and discussed in the opinion. The facts as to the pre°siding judge entering the jury room, while the jury were deliberating, are stated in the bill of…
1Opinion of the CourtColeman, J.
On the 11th day of December, 1890, William J. Loggins, the respondent, probated an instrument bearing date of February, 1876, as the last will and testament of Malinda Loggins, his deceased wife. The complainants did not contest the probate of the will, and under section 2000 of the Code of 1886, filed the present- bill in chancery to contest the validity of the same. Complainants took nothing under the probated will, and would have taken nothing had deceased died intestate, they being the children of a living brother of testatrix. Complainants’ rights, as shown in the bill, depend upon the…
2Cases cited22 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Lyons v. CampbellSupreme Court of Alabama · 1889
- Parsons v. BoydSupreme Court of Alabama · 1852
17 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Parker v. NewmanSupreme Court of Alabama · 1917
- Karter v. EastSupreme Court of Alabama · 1929
- State v. BorchertSupreme Court of Kansas · 1904
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
- Pugh v. StateAlabama Court of Appeals · 1964
27 more not listed; retrieve them via the Exa API.