Norwood v. Kirby's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. G-raiiam. 'The bill in this ease was filed on the 3d June, 1881, by Samuel C. Norwood, John Poe, B. L. McAnally, and Mrs. Lavinia Kirby, who was the widow of Joshua Kirby, deceased, against Jesse E. Brown, as the administrator de bonis non of the estate of said Joshua Kirby; and sought to enjoin two judgments, which the defendant had recovered against said Poe and McAnally respectively, in actions of…
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Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. G-raiiam. 'The bill in this ease was filed on the 3d June, 1881, by Samuel C. Norwood, John Poe, B. L. McAnally, and Mrs. Lavinia Kirby, who was the widow of Joshua Kirby, deceased, against Jesse E. Brown, as the administrator de bonis non of the estate of said Joshua Kirby; and sought to enjoin two judgments, which the defendant had recovered against said Poe and McAnally respectively, in actions of unlawful detainer instituted by him in his representative capacity. The lands sued for, in each action, were parts of a…
1Opinion of the CourtSomerville, J.
The bill in this case is fatally defective in several particulars, and was properly dismissed by the chancellor.
The appellants, Poe and McAnally, were clearly estopped *400from denying the title of Brown, who sued for the possession of the lands in dispute in 1ns trust capacity, as administrator of the estate of Joshua Kirby, deceased. They had entered upon these lands, originally, as the tenants of the estate, under a lease from Mrs. Lavinia Kirby, who, as the predecessor of Brown, was then acting as administratrix of her husband’s estate, recognizing the lands as the property of the decedent,…
2Cases cited2 opinions
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Hamilton v. AdamsSupreme Court of Alabama · 1849
3Cited by19 opinions
- Keating v. SpringerIllinois Supreme Court · 1893
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Hukill v. GuffeyWest Virginia Supreme Court · 1892
- Brady v. HuffSupreme Court of Alabama · 1883
- Talladega Mercantile Co. v. McDonaldSupreme Court of Alabama · 1892
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