Smith's Distributees v. King
Supreme Court of Alabama
Error to the Court of Probate of Lowndes. This is a writ of error from a decree of tbe Probate Court of Lowndes county, on the final settlement of the defendant in error as administrator with the will annexed of Jeremiah Smith, deceased.
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Error to the Court of Probate of Lowndes. This is a writ of error from a decree of tbe Probate Court of Lowndes county, on the final settlement of the defendant in error as administrator with the will annexed of Jeremiah Smith, deceased. It appears by a bill of exceptions, whiéh was allowed on said settlement at the instance of the plaintiffs in error, who are distributees of said estate, that it was proved that the defendant in error had cultivated, on his own account, about four or five hundred acres of the land of said estate, during the years 1846 and 1847, and that the rent thereof was…
1Opinion of the CourtGibbons, J.
The first assignment of error does not 'bring to our notice its subject matter in such a manner that we can here regard it. There seems to have been no exception taken to the ruling of the court below; and in such cases, the rule of this court is, not to revise the decisions of the inferior tribunals upon facts, unless the objection is made at the time of the decision, and this is made to appear by bill of exceptions, or otherwise by the record. Gordon et al. v. McLeod, 20 Ala. 242.
In refusing to charge the defendant with the rent of the lands, as shown in the bill of exceptions, we think the…
2Cases cited5 opinions
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Gordon v. McLeodSupreme Court of Alabama · 1852
- Leavens v. ButlerSupreme Court of Alabama · 1839
- Philips v. GraySupreme Court of Alabama · 1840
- Bondurant v. Thompson's DistributeesSupreme Court of Alabama · 1849
3Cited by12 opinions
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Calhoun v. FletcherSupreme Court of Alabama · 1879
- Bradley v. AndressSupreme Court of Alabama · 1857
- Lee's Adm'r v. DowneySupreme Court of Alabama · 1880
- Anderson v. McGowanSupreme Court of Alabama · 1868
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