Johnson v. Porterfield
Supreme Court of Alabama
Appeal from Butler Chancery Court. Heard before Hon. W. L. Parks. Proceeding by J. It. Porterfield, as administrator, of Martha Calloway, deceased, for the sale of decedent’s real estate to pay debts, etc., in which Frank Johnson filed objections. From an order overruling such objections, Johnson appeals.
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Appeal from Butler Chancery Court. Heard before Hon. W. L. Parks. Proceeding by J. It. Porterfield, as administrator, of Martha Calloway, deceased, for the sale of decedent’s real estate to pay debts, etc., in which Frank Johnson filed objections. From an order overruling such objections, Johnson appeals. If the petition of Porterfield be classed as a bill by him, then section 747, Code 1896, requires proof to sustain it, and if, on the other hand, the application be referred to section 158, et. seq., Code 1896, then section 164 required the application to be proved by the depositions of…
1Opinion of the CourtSimpson, J.
From the. record in this case it appeal's that J. It. Porterfield, the principal defendant, was guardian of Martha Calloway, who was non compjis mentis; that after her death he also became administrator cum testamento annexo of her estate; that on June 12, 1902, appellant, Fi*ank Johnson, filed a bill in the chancery court of Butler county against said Porter-field and other defendants, in which said Johnson claimed to be an heir of said Martha Calloway. Said bill as originally filed, sets out the will of Sheridan Calloway (husband of Martha, who died before his said *536:wife died), attaches a…
2Cases cited4 opinions
- Jordan v. JordanSupreme Court of Alabama · 1850
- Bellamy v. ThorntonSupreme Court of Alabama · 1893
- Attkisson v. AttkissonSupreme Court of Alabama · 1850
- Bailey v. MundinSupreme Court of Alabama · 1877
3Cited by6 opinions
- Riley v. WilkinsonSupreme Court of Alabama · 1945
- Smith v. SmithSupreme Court of Alabama · 1957
- McGowin v. McGowinSupreme Court of Alabama · 1936
- Riley v. WilkinsonSupreme Court of Alabama · 1945
- Taylor v. FulghumSupreme Court of Alabama · 1921
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