Legal Opinion

Clark v. Knox

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 42 opinions

Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Hillard. The bill in this case was filed on the 9th March, 1878, by Thomas C. Clark, as the administrator of the estate of Jane Knox, deceased, and as administrator of the respective estates of Calhoun H. II.

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Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Hillard. The bill in this case was filed on the 9th March, 1878, by Thomas C. Clark, as the administrator of the estate of Jane Knox, deceased, and as administrator of the respective estates of Calhoun H. II. Knox, James M. Knox, and Samuel P. Knox, deceased, who were children of said Jane Knox, and as the administrator de bonis non of the estate of Samuel A. Wilson, deceased, who was the surety of Mrs. Jane Knox on a note given for the price of property bought by her at a sale of property, real and personal, belonging to…

1Opinion of the Court

BRICKELL; C. J.

There has been in practice some embarrassment'and much of • expense, resulting from the rule, in a court of equity, that, on 'the- hearing, the estate of every der ceased person having an interest in the suit must be represented. ■ That. there might be a' representative of deceased parties, whose interests were rather nominal than real, causes have been-delayed, and the partiés. interested in their prosecution have been driven to the expense of air administration, when administration was in fact a mere ceremony. The rule has, in some' cases, been greatly relaxed,• and…

2Cases cited21 opinions

  1. Fretwell v. McLemoreSupreme Court of Alabama · 1875
  2. Pearson v. DarringtonSupreme Court of Alabama · 1858
  3. Smyley v. ReeseSupreme Court of Alabama · 1875
  4. English v. KeySupreme Court of Alabama · 1863
  5. Bendall's Distributees v. Bendall's Adm'rSupreme Court of Alabama · 1854

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3Cited by42 opinions

  1. Winsett v. WinsettSupreme Court of Alabama · 1919
  2. Decatur Mineral Land Co. v. PalmSupreme Court of Alabama · 1896
  3. Tucker v. StewartSupreme Court of Iowa · 1903
  4. King v. KeithSupreme Court of Alabama · 1952
  5. Englehardt v. Yung's HeirsSupreme Court of Alabama · 1884

37 more not listed; retrieve them via the Exa API.

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