Powell v. Powell
Supreme Court of Alabama
Error to the Chancery Court of Lowndes. The complainants in this bill are the legatees of D. Powell. upon whose will letters testamentary were granted to Seymour Powell, and the suit is against M. A. Powell, as his adminis-tratrix. Its object is to obtain a discovery of the, assets sold by the executor, in his lifetime, and to compel an account and settlement.
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Error to the Chancery Court of Lowndes. The complainants in this bill are the legatees of D. Powell. upon whose will letters testamentary were granted to Seymour Powell, and the suit is against M. A. Powell, as his adminis-tratrix. Its object is to obtain a discovery of the, assets sold by the executor, in his lifetime, and to compel an account and settlement. In order to'a full understanding of the questions determined by the court, the recital of portions of the will and evidence taken in the cause, as well as of certain parts of the bill and answer is necessary. The will gives to Nancy…
1Opinion of the CourtGoldthwaite, J.
-1. When this suit was here at a former term, the only point decided was, that the writ of error was prematurely taken. It is true, we expressed an opinion, that the accounts exhibited with the answer were responsive to the bill, but in that matter, the Judge delivering the opinion, was evidently mistaken in his examination ,of the transcript. There is nothing in the former consideration of the cause, to conclude us now from its full examination.
It will be seen, if the statements of the bill are looked to, that the complainants call for the exhibition of the accounts of sales, remaining in…
2Cases cited2 opinions
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Langdon v. Roane's Adm'rSupreme Court of Alabama · 1844
3Cited by13 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Webb v. WebbSupreme Court of Alabama · 1948
- Smith v. Kennard'sSupreme Court of Alabama · 1863
- Hall v. Heirs of WilsonSupreme Court of Alabama · 1848
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