Parks v. Stonum
Supreme Court of Alabama
Writ of Error to the County Court of Conecuh. The writ of error is sued out by those ascertained, by the final decree, to be entitled to distribution of the estate of Joseph Sto-num, deceased, against George Stonum, the executor of said Joseph, to revise the proceedings had in said Court, on the matters of the estate, at, and previous to, the final settlement.
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Writ of Error to the County Court of Conecuh. The writ of error is sued out by those ascertained, by the final decree, to be entitled to distribution of the estate of Joseph Sto-num, deceased, against George Stonum, the executor of said Joseph, to revise the proceedings had in said Court, on the matters of the estate, at, and previous to, the final settlement. So much of the record as is material to the understanding of the errors assigned will be recited. ' , Letters testamentary were granted to George Stonum, on the 18th of April. 1836, and some time afterwards, (when, does not appear from…
1Opinion of the CourtGoldthwaite, J.
The circumstance that the judgment for the distributive share of Mrs. Crittenden, was rendered in favor of the husband, in right of his wife, is not an error of which he will be heard to complain, as it is a matter which results to his benefit, if it has really any effect whatever, and because it was induced by his own action. It is possible the executor might complain of this as an irregular judgment, as was the case in Blackwell v. Vastbinder, 6 Ala. Rep. 218, but even if the complaint was by him, the error would be considered as a clerical misprision, and corrected so as to render it in…
2Cases cited4 opinions
- Legatees of Horn v. GraysonSupreme Court of Alabama · 1838
- Douthitt's Administrator v. DouthittSupreme Court of Alabama · 1840
- Taylor v. ReeseSupreme Court of Alabama · 1842
- Blackwell v. VastbinderSupreme Court of Alabama · 1844
3Cited by2 opinions
- Wilson's Heirs v. Wilson's Adm'rSupreme Court of Alabama · 1850
- Key v. VaughnSupreme Court of Alabama · 1849