Chardavoyne v. Lynch
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 23d November, 1885, by W. B. Chardavoyne, as the next friend and guardian of James H. Ballentine and others, “minor heirs of Mary E. Ballentine, deceased,” against Darius Lynch, as the administrator de bonis non of. the estate of Edgar M. Swoope, deceased, S. D. Cabaniss, E. P. Ward, and John Phelan; and sought, principally, to enjoin further proceedings by…
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 23d November, 1885, by W. B. Chardavoyne, as the next friend and guardian of James H. Ballentine and others, “minor heirs of Mary E. Ballentine, deceased,” against Darius Lynch, as the administrator de bonis non of. the estate of Edgar M. Swoope, deceased, S. D. Cabaniss, E. P. Ward, and John Phelan; and sought, principally, to enjoin further proceedings by -said Lynch under orders for the sale of the lands belongiug to the estate, which the Probate Court had granted on his…
1Opinion of the CourtSomeryille, J.
— The proceedings in the Probate Court being in due 'and regular form, the judgment of that tribunal, granting the order of sale of the lands, was conclusive of all issues involved — including as well the fact that debts were due by the estate of Swoope, as that of the insufficiency of personal property to pay such debts. The questions sought to be raised, therefore, in this cause, are res adjudicate, and can not be re-litigated in a court of chancery. The complainants being represented in the Probate Court by a guardian ad litem, although minors, were bound by the judgment as fully as if…
2Cases cited2 opinions
- Boyd v. StateSupreme Court of Alabama · 1875
- Ford v. Ford's Adm'rSupreme Court of Alabama · 1880
3Cited by1 opinion
- Penny v. JacksonSupreme Court of Alabama · 1887