McRae v. Pegues
Supreme Court of Alabama
Whit of Error to the County Court of Macon. The proceedings in this case are so defective as not to show with certainty, the right of the plaintiff to institute the inquiry upon which the judgment of the Court below was given. It may be inferred, however, from the caption of the case, that he claims as administrator of the estate of Elmira Outlaw, who was the widow of B. N. Pegues, deceased, and as such entitled to a distributive share of his estate.
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Whit of Error to the County Court of Macon. The proceedings in this case are so defective as not to show with certainty, the right of the plaintiff to institute the inquiry upon which the judgment of the Court below was given. It may be inferred, however, from the caption of the case, that he claims as administrator of the estate of Elmira Outlaw, who was the widow of B. N. Pegues, deceased, and as such entitled to a distributive share of his estate. The suit grows out of a suggestion that certain slaves came to the possession of the defendant, as administrator of B. N. Pegues, belonging to…
1Opinion of the CourtGoldthwaite, J.
1. The defendant objects that no reversal of this judgment can be had, even after it may be ascertained to involve material errors, because the plaintiff in the Court below has omitted to set out his interest to litigate' any questions with the defendant. This defect cannot, in our opinion, avail the defendant, because it was his duty, a's' it clearly was his right,to require the other party to show by what right he claimed to call for a distribution. The practice in the Ecclesiastical and Admiralty Courts, is for the party claiming a right to litigate to propound his interest, and such,…
2Cases cited5 opinions
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Lightfoot's Executors v. ColginSupreme Court of Virginia · 1816
- M'Cutchen's Adm'rs v. M'CutchenSupreme Court of Alabama · 1839
- Mordecai v. BealSupreme Court of Alabama · 1839
- Hill v. NorrisSupreme Court of Alabama · 1841
3Cited by9 opinions
- Jones v. DeyerSupreme Court of Alabama · 1849
- Gaunt v. Tucker's ExecutorsSupreme Court of Alabama · 1850
- Graham v. AbercrombieSupreme Court of Alabama · 1845
- Brazeale's Adm'r v. Brazeale's DistributeesSupreme Court of Alabama · 1846
- Watson v. MaySupreme Court of Alabama · 1845
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