Shackelford v. Bankhead
Supreme Court of Alabama
Appeal from tlie Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on August 13th, 1878, by E. P. Shackelford, as the administrator of the estate of M. W. Mayes, deceased, and two other persons, claiming and suing as creditors of the insolvent estate of George M. Garth, deceased, against William S. Bankhead and his wife (Mrs. Catherine M., formerly the widow of said Garth), as the administrators of said insolvent estate, with the…
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Appeal from tlie Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on August 13th, 1878, by E. P. Shackelford, as the administrator of the estate of M. W. Mayes, deceased, and two other persons, claiming and suing as creditors of the insolvent estate of George M. Garth, deceased, against William S. Bankhead and his wife (Mrs. Catherine M., formerly the widow of said Garth), as the administrators of said insolvent estate, with the infant children and heirs at law of said Garth, and other creditors who had filed claims against his estate; and sought…
1Opinion of the CourtSomerville, J.
Where the jurisdiction of the Probate Court has attached, and commenced to Toe exercised in the settlement of the estate of a decedent, the Chancery Court will not, even on the application of a distributee, or other party beneficially interested, assume jurisdiction by removal of the administration into the forum of equity, unless it be shown that some question of special equitable cognizance is involved, which the Probate Court is incompetent to determine. Nor can such administration be removed into the Chancery Court, i/ncmy case, or at a/ny time, by the personal representatime, without the…
2Cases cited17 opinions
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Teague v. CorbittSupreme Court of Alabama · 1877
- Watts v. GayleSupreme Court of Alabama · 1852
- Horton v. MoseleySupreme Court of Alabama · 1850
- Little v. SnedecorSupreme Court of Alabama · 1875
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- King v. Livingston Mfg. Co.Supreme Court of Alabama · 1912
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- Handley v. HeflinSupreme Court of Alabama · 1887
- Cleveland Storage Co. v. Guardian Trust Co.Supreme Court of Alabama · 1930
- H. H. Hitt Lumber Co. v. Cullman Property Co.Supreme Court of Alabama · 1914
18 more not listed; retrieve them via the Exa API.