Legal Opinion

Duval's Heirs v. P. & M. Bank

Supreme Court of Alabama

Decided June 15, 1846PublishedCited by 16 opinions

Writ of Error to the Court of Chancery sitting at Mobile. The plaintiffs in error are Julius Chaudron, and Annette, his wife, late Annette Duval, Felix Chaudron, and., his wife, late ...... Duval, daughters of Daniel Duval, deceased, Philip Duval, William Duval, Theodore Duval, Geo. and Francis Duval, (the latter an infant under twenty-one years, by Julius Chaudron, his next friend,) all children and heirs of the deceased and his wife, Catherine, who has since died.

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Writ of Error to the Court of Chancery sitting at Mobile. The plaintiffs in error are Julius Chaudron, and Annette, his wife, late Annette Duval, Felix Chaudron, and., his wife, late ...... Duval, daughters of Daniel Duval, deceased, Philip Duval, William Duval, Theodore Duval, Geo. and Francis Duval, (the latter an infant under twenty-one years, by Julius Chaudron, his next friend,) all children and heirs of the deceased and his wife, Catherine, who has since died. These parties filed their bill in January, 1843, setting forth the death of Daniel D. about the 1st of April, A. D. 1824, and…

1Opinion of the CourtCollier, C. J.

The action of ejectment, to which the pleadings refer, was brought by the lessee of the complainants against McLoskey, and involved to a great extent, the merits of the present controversy. [1 Ala. Rep. N. S. 708.] That cause was removed to this court by writ of error, and by the opinion here pronounced it was decided that the jurisdiction of the county court, under the first section of the act of 1822 attaches as soon as the court recognizes the petition of the administratrix ; and its decree cannot be collaterally impeached (if the jurisdiction is shown,) by the omission to designate the…

2Cases cited5 opinions

  1. Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
  2. Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
  3. Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
  4. Evans v. MathewsSupreme Court of Alabama · 1845
  5. Land v. HopkinsSupreme Court of Alabama · 1844

3Cited by16 opinions

  1. Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
  2. Fielder v. ChildsSupreme Court of Alabama · 1883
  3. McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
  4. Lyons v. HamnerSupreme Court of Alabama · 1887
  5. Field's Heirs v. GoldsbySupreme Court of Alabama · 1856

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