Morgan's Adm'r v. Morgan's Distributees
Supreme Court of Alabama
Appeal from the Probate Court of Dallas. In the matter of the final settlement and distribution of the estate of Asa T. Morgan, deceased, by James T. Colley, his administrator.
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Appeal from the Probate Court of Dallas. In the matter of the final settlement and distribution of the estate of Asa T. Morgan, deceased, by James T. Colley, his administrator. The errors assigned in this court are, the rendition of a decree in favor of two of the infant distributees, by their guardian act litem, without the appointment of a regular guardian ; and the rulings of the probate court in charging the administrator with the hire and present value of a slave named Jesse, in charging him with $506 on account of a tract of land sold by the intestate in his life-time to one William C.…
1Opinion of the CourtR. W. Walker, J.
When the correctness of the decision of the probate judge depends upon the proof, and it does not affirmatively appear that all the evidence upon which he acted is set out in the record, this court will presume that the decision was correct. — Bradley v. Andress, 80 Ala. 80 ; Lovett v. Chisholm, ib. 88; Fleming v. Ussery, ib. 240; Henderson v. Renfro, 31 Ala. 105; Stein v. Feltheimer, ib. 57. The bill of exceptions does not purport to set out all the evidence which was before the court in reference to the charges for the hire and *308value of the negro Jesse, and for the sum of $506 on account of…
2Cases cited2 opinions
- Smith v. RedusSupreme Court of Alabama · 1846
- King v. CollinsSupreme Court of Alabama · 1852
3Cited by7 opinions
- Otis v. DarganSupreme Court of Alabama · 1875
- Jones v. FellowsSupreme Court of Alabama · 1877
- Ward v. Cameron's Adm'rsSupreme Court of Alabama · 1861
- Mims' Adm'r v. MimsSupreme Court of Alabama · 1866
- Rushton v. MartinSupreme Court of Alabama · 1869
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