Hall v. Heirs of Wilson
Supreme Court of Alabama
Error to the Chancery Court at Mobile. Before the Hon. A. Crenshaw, Chancellor. The bill was filed by the defendants in error, distributees of Peter Olson, subjects of the king of Sweden.
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Error to the Chancery Court at Mobile. Before the Hon. A. Crenshaw, Chancellor. The bill was filed by the defendants in error, distributees of Peter Olson, subjects of the king of Sweden. That Peter Olson, took upon himself the name of Wilson, and settled in Baldwin county, where he died, and administration was granted upon his estate to one John Thompson, on the 3d September, 1839. That the estate was sold, and the account sales returned, amounting to $1,307 24. That among the notes received at the sale, was one by the plaintiff in error,, for $1,133 62, payable to said administrator. That…
1Opinion of the CourtChilton, J.
1. By the act of 1843-4, (see acts, p. 56,) it is made the duty of the judge of the orphans’'court when he is interested as a party, or as counsel, or related to the litigants to transmit the papers with a transcript of the record to the chancery court, &c. When the cause is thus transferred, the chancellor takes it in the condition in which he finds it — applies to it the law applicable to settlements in the orphans’ court, but proceeds according to the practice of his *299own court. Taliaferro v. Brown, 11 Ala. Rep. 702. So that it was not necessary for the chancellor, as contended by the…
2Cases cited4 opinions
- Scott v. ThorpNew York Court of Chancery · 1835
- Powell v. PowellSupreme Court of Alabama · 1846
- Taliaferro v. BrownSupreme Court of Alabama · 1847
- Watson v. MaySupreme Court of Alabama · 1845
3Cited by16 opinions
- Clark v. KnoxSupreme Court of Alabama · 1881
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Key v. JonesSupreme Court of Alabama · 1875
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Jemison v. BrasherSupreme Court of Alabama · 1919
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