Hogan v. Scott
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by John Scott against John Hogan and others to vacate certain proceedings in the probate court. From a decree overruling demurrer to the bill, respondent named appeals. The bill alleges that the father of orator, one John 5. Scott, died in Jefferson county, seised and possessed of, occupied by him as a homestead, lot No. 21 in block 6, Howell’s addition to the town of Woodlawn.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by John Scott against John Hogan and others to vacate certain proceedings in the probate court. From a decree overruling demurrer to the bill, respondent named appeals. The bill alleges that the father of orator, one John 5. Scott, died in Jefferson county, seised and possessed of, occupied by him as a homestead, lot No. 21 in block 6, Howell’s addition to the town of Woodlawn. That said John Scott left a widow, and your orator who was at the time a minor, under 14 years of age, and who was residing in the…
1Opinion of the Court
GARDNER, J. —
The material averments of the hill will appear in the report of the case; but for convenience the fourth paragraph will be here quoted, as follows :
“And your orator avers that said petition filed by the said Emma Scott was a fraud upon your orator in this, that said lot 21 was the homestead of the said John S. Scott at the time of his death, and that your orator was at the time of the filing of said petition a minor, under the age of 14 years, and was not made a party in any way to said proceedings, nor had he any knowledge of said proceedings until on or about the 1st day of…
2Cases cited15 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Tartt v. NegusSupreme Court of Alabama · 1899
- Hanley v. HanleyCalifornia Supreme Court · 1896
- Faircloth v. CarrollSupreme Court of Alabama · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
- Evans v. EvansSupreme Court of Alabama · 1917
- Keenum v. DodsonSupreme Court of Alabama · 1924
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Williams v. OvercastSupreme Court of Alabama · 1934
27 more not listed; retrieve them via the Exa API.