Moore v. Winston's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Franklin. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 19th September, 1879, by Lewis B. Thornton, as the administrator de' bonis non of the insolvent estate of Thomas E. Winston, deceased, against James E. Moore; and sought to remove the settlement of said insolvent estate into equity, and to establish an equitable defense against a claim held by said James E. Moore, who had purchased the claim from one A. W.…
Read the full summary
Appeal from the Chancery Court of Franklin. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 19th September, 1879, by Lewis B. Thornton, as the administrator de' bonis non of the insolvent estate of Thomas E. Winston, deceased, against James E. Moore; and sought to remove the settlement of said insolvent estate into equity, and to establish an equitable defense against a claim held by said James E. Moore, who had purchased the claim from one A. W. Ligón, as administrator of the estate of Isaac H. Walker, deceased. The case is brought to this court by the defendant,…
1Opinion of the CourtStone, J.
The Probate Court is a court of law, not a court of chancery; and it has been many times affirmed in this court, that that court does not possess chancery powers. 1 Brick. Dig. 440, §§ 182 to 189 ; lb. 647, §§ 120, 123. In the-settlement of insolvent estates, that court is possessed of a speedy, complete, and relatively inexpensive jurisdiction, which is exclusive, unless satisfactory reasons exist and are shown why that court, by reason of'its want of equitable jurisdiction, can not administer equitable relief. It should be a clear and strong case to justify the transfer of the settlement of…
2Cases cited9 opinions
- Hemphill v. MoodySupreme Court of Alabama · 1879
- Randle v. CarterSupreme Court of Alabama · 1878
- Thames v. HerbertSupreme Court of Alabama · 1878
- Bowden v. PerdueSupreme Court of Alabama · 1877
- Gamble v. JordanSupreme Court of Alabama · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Courson v. TollisonSupreme Court of Alabama · 1933
- Shackelford v. BankheadSupreme Court of Alabama · 1882
- Kimball v. Cunningham Hdw. Co.Supreme Court of Alabama · 1916
- Warfield v. Thomas' EstateTennessee Supreme Court · 1947
- Wright v. DunklinSupreme Court of Alabama · 1887
6 more not listed; retrieve them via the Exa API.