Breeding v. Grantland
Supreme Court of Alabama
Ai’peal from the Chancery Court of Morgan. Heard before-tlie Hon. William H. Simpson. The facts of the case are sufficiently stated in the opinion. The appellee in this case, although not a record party, did, by aiding and abetting the nominal party, become a real and interested party to the contest proceeding instituted in the probate court; and he thereby precluded himself from filing the present bill in the chancery court to contest the validity of said will.
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Ai’peal from the Chancery Court of Morgan. Heard before-tlie Hon. William H. Simpson. The facts of the case are sufficiently stated in the opinion. The appellee in this case, although not a record party, did, by aiding and abetting the nominal party, become a real and interested party to the contest proceeding instituted in the probate court; and he thereby precluded himself from filing the present bill in the chancery court to contest the validity of said will. The plea setting up¡ these facts were sufficient and should have been sustained. Freeman on Judgments, 174, 17(>; (Haflin, -v.…
1Opinion of the CourtMcCLELLAN, C. J.
The bill in this case was filed by appellee to invalidate the last will and testament of William Breeding, deceased. A plea was interposed by appellants averring that the will bad' been regularly admitted to probate in the probate court of Morgan county, after a contest of said probate by James Breeding, a brother -of the testator and an uncle of appellee. The plea further avers, “that during the hearing or trial of said contest, complainant was examined as a wi In ess ¡n the behalf of said contestant, that complainanl aided and abetted said James Breeding in the inauguration and prosecution…
2Cases cited3 opinions
- Donegan v. WadeSupreme Court of Alabama · 1881
- Freeman v. PullenSupreme Court of Alabama · 1898
- Tolleson v. BlackstockSupreme Court of Alabama · 1891
3Cited by7 opinions
- Estate of HiteCalifornia Supreme Court · 1909
- Allen v. PughSupreme Court of Alabama · 1921
- Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
- Alexander v. AlexanderSupreme Court of Alabama · 1935
- International Moving Picture & Film Co. v. SmithSupreme Court of Alabama · 1924
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