McCaa & Foster v. Grant
Supreme Court of Alabama
Appeal from Probate Court of Marengo. Tried before tbe Hon. Thomas J. Woolf. The facts in this case are as follows : On tbe lltb day of February, 1861, Walter H. Grant made bis final settlement in tbe probate court, of bis guardianship of Jesse Jones.
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Appeal from Probate Court of Marengo. Tried before tbe Hon. Thomas J. Woolf. The facts in this case are as follows : On tbe lltb day of February, 1861, Walter H. Grant made bis final settlement in tbe probate court, of bis guardianship of Jesse Jones. On the settlement, tbe court rendered judgment against said Grant, and in favor of Jesse Jones, bis late ward, for tbe sum of $2,666.08, with interest thereon, from January 20th, 1861. On this judgment, three executions were issued, and on tbe last of these, the sheriff makes this return : “ This fi.fa. satisfied, by order of tbe plaintiff…
1Opinion of the CourtPeters, J.
This is a proceeding in a court of probate, in which the jurisdiction is limited to the matters submitted to it by the statute. It is unlike a court of equity, where the jurisdiction is very much broader and flexible. The case in 38 Ala. 527, was a suit in equity, which seizes with its jurisdiction, not only the thing in controversy, but opens its proceedings to let in all the parties who may have any interest in its disposition. Therefore, the principles which come into force in a court of chancery, and may be a part of the law as administered in that court, are often not applicable in the…
2Cases cited5 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Warfield v. CampbellSupreme Court of Alabama · 1863
- Jones v. JemisonSupreme Court of Alabama · 1843
- Turner's Adm'r v. WhittenSupreme Court of Alabama · 1867
3Cited by7 opinions
- Wallace v. StateSupreme Court of Alabama · 1987
- Simpson v. JonesSupreme Court of Alabama · 1984
- Ex parte LehmanSupreme Court of Alabama · 1877
- Altapointe Health Systems, Inc. v. DavisSupreme Court of Alabama · 2012
- Tyler v. the Superior CourtSupreme Court of Rhode Island · 1909
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