Hine v. Hussey
Supreme Court of Alabama
Appeal from Probate Court of Limestone, Tried before Hon. Joshua P. Comans. This was an application by petition to the probate court, by the appellant, a creditor of the estate of John McDonald, deceased, to set aside, vacate, and declare null and void, the grant of letters of administration by said court to the appellee, and all the subsequent orders, decrees and proceedings in tbe administration of said estate, particularly tbe order of sale of tbe lands and the decree of…
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Appeal from Probate Court of Limestone, Tried before Hon. Joshua P. Comans. This was an application by petition to the probate court, by the appellant, a creditor of the estate of John McDonald, deceased, to set aside, vacate, and declare null and void, the grant of letters of administration by said court to the appellee, and all the subsequent orders, decrees and proceedings in tbe administration of said estate, particularly tbe order of sale of tbe lands and the decree of insolvency. The grounds of the application are, that the presiding judge of the court, being at the time a son-in-law of…
1Opinion of the CourtB. E. Saeeold, J.
The appellant, a creditor, applied to the probate court to set aside and annul the grant of letters of administration on the estate of Jonathan McDonald, deceased, to E. M. Hussey, and all the subsequent orders, decrees and proceedings rendered in the adminis*512tration of the estate, as void, for the reasons set forth in the petition. The error complained of is the -judgment of the court sustaining a demurrer to the petition.
The various objections to the proceedings in the administration of the estate may be considered under three heads — 1st, The relationship of the judge to the parties ;…
2Cases cited9 opinions
- State ex rel. Claunch v. CastleberrySupreme Court of Alabama · 1853
- Clarke v. WestSupreme Court of Alabama · 1843
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
- Edwards v. GibbsSupreme Court of Alabama · 1847
- Wilson v. WilsonSupreme Court of Alabama · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gulf States Steel Co. v. ChristisonSupreme Court of Alabama · 1934
- Jeffersonian Publishing Co. v. HilliardSupreme Court of Alabama · 1894
- Ex Parte City Bank & Trust Co.Supreme Court of Alabama · 1917
- Gassert v. StrongMontana Supreme Court · 1908
- Beresford v. American Coal Co.Supreme Court of Iowa · 1904
19 more not listed; retrieve them via the Exa API.