Hemphill v. Moody
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Charles Turner. The bill in this case was filed on the 24th May, 1879, by Frank S. Moody, as the administrator de bonis non, with the will annexed, of the estate of Edward Sims, deceased, against Felix F. Hemphill and his wife, Mary J., who was a daughter of said Sims; and against the personal representative and distributees of the estate of Jerusha Ready, deceased, who was also a daughter of said Sims, and…
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Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Charles Turner. The bill in this case was filed on the 24th May, 1879, by Frank S. Moody, as the administrator de bonis non, with the will annexed, of the estate of Edward Sims, deceased, against Felix F. Hemphill and his wife, Mary J., who was a daughter of said Sims; and against the personal representative and distributees of the estate of Jerusha Ready, deceased, who was also a daughter of said Sims, and the wife of Aaron Ready, deceased; and against several other persons, not necessary to be named, who were legatees under…
1Opinion of the CourtStone, J.
It is a maxim, born of necessity, that all men are conclusively presumed to know the law. Without this, legal accountability could not be enforced, and judicial administration would be embarrassed at every step. The necessity of this rule is more felt and acknowledged in criminal accountability, than in mere civil obligations. As a corollary, there has grown up another maxim, that courts will not reform or redress those acts of parties, which are the result of pure mistake of law. — Jones v. Watkins, 1 Stew. 81; Trustees v. Keller, 1 Ala. 406; Haden v. Ware, 15 Ala. 149; Dill v. Shahan, 25…
2Cases cited17 opinions
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Jones v. WatkinsSupreme Court of Alabama · 1827
- Dill v. ShahanSupreme Court of Alabama · 1854
- Kidd v. MontagueSupreme Court of Alabama · 1851
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hinson v. ByrdSupreme Court of Alabama · 1953
- West End Sav. Bank v. GoodwinSupreme Court of Alabama · 1931
- Hamilton v. EdmundsonSupreme Court of Alabama · 1937
- Powell v. PearsonSupreme Court of Alabama · 1929
- Rice v. Tuscaloosa CountySupreme Court of Alabama · 1941
21 more not listed; retrieve them via the Exa API.