Porter v. Worthington
Supreme Court of Alabama
Error to the 42d Chancery District. Before the Hon. D. G. Ligón, Chancellor. 1. The court had jurisdiction, the land being situate within the county of Randolph, where the bill was filed. See Clay’s Dig. 342, § 162. 2. If there was a want of jurisdiction it should have been presented to the court by plea, in the nature of a plea in abatement.
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Error to the 42d Chancery District. Before the Hon. D. G. Ligón, Chancellor. 1. The court had jurisdiction, the land being situate within the county of Randolph, where the bill was filed. See Clay’s Dig. 342, § 162. 2. If there was a want of jurisdiction it should have been presented to the court by plea, in the nature of a plea in abatement. See Bank of Norfolk v. Holman et als. 12 Ala. 360; Freeman v. McBroom etal. 11 lb. 943. 3. There was nothing presented by the motion which the court was authorized to act on, as the facts assumed in the motion to exist are not proven in any part of the…
1Opinion of the Court
CHILTON, j.
The bill in this case is fatally defective in more respects than one. It is filed in Randolph county, whereas the defendant resides in Benton, which was the county of the residence of his intestate, and in which letters of administration were granted to the defendant. This appearing on the face of the bill, it was very properly dismissed for this cause by the chancellor, on the motion of the defendant. But the bill is filed against an administrator, for title to a tract of land sold by the intestate, and for which he executed his title bond. The statute authorizes summary…
2Cases cited2 opinions
- Freeman v. McBroomSupreme Court of Alabama · 1847
- Shrader v. WalkerSupreme Court of Alabama · 1845
3Cited by10 opinions
- Massell Realty Co. v. HanburySupreme Court of Georgia · 1927
- Campbell v. CrawfordSupreme Court of Alabama · 1879
- Wadsworth v. HannahSupreme Court of Alabama · 1983
- Hooks v. HooksSupreme Court of Alabama · 1948
- Johnston v. ShawSupreme Court of Alabama · 1858
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