Ex Parte Walter
Supreme Court of Alabama
Original petition in the Supreme Court by J. A. Walter and others for writ of mandamus directing the Judge of the Circuit Court of Montgomery County to vacate an order. This is a petition for a writ of mandamus be directed to the judge of the circuit court of Montgomery, instructing him to vacate an order directing the register to strike from the hill of complaint — mentioned in the petition and record — certain portions thereof.
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Original petition in the Supreme Court by J. A. Walter and others for writ of mandamus directing the Judge of the Circuit Court of Montgomery County to vacate an order. This is a petition for a writ of mandamus be directed to the judge of the circuit court of Montgomery, instructing him to vacate an order directing the register to strike from the hill of complaint — mentioned in the petition and record — certain portions thereof. The petition shows that the petitioners, who are among the heirs at law of one Duncan O. Walter, deceased, filed a bill in the circuit court of Montgomery county, in…
1Opinion of the CourtGardner, J.
The bilFof complaint filed by the petitioners against respondent Jesse B. Walter has for its primary purpose the contest of the probate of the will of Duncan C. Walter, which was duly admitted to probate in the probate court of Montgomery county without contest.
In separate paragraphs of the same bill, however, the validity of a certain deed to real estate, and a bill of sale to personal property, executed at different times by the said Duncan C. Walter to respondent Jesse B. Walter, is attacked. These instruments are likewise sought to be canceled and annulled.
Motion was made to strike from…
2Cases cited9 opinions
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- McMaken v. McMakenSupreme Court of Alabama · 1851
- Hunt v. AcreSupreme Court of Alabama · 1856
- Martin v. KingSupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Allen v. PughSupreme Court of Alabama · 1921
- Ex Parte PearsonSupreme Court of Alabama · 1941
- Boozer v. BlakeSupreme Court of Alabama · 1944
- Caverno v. WebbSupreme Court of Alabama · 1940
- Alexander v. AlexanderSupreme Court of Alabama · 1935
19 more not listed; retrieve them via the Exa API.