Tankersly v. Pettis
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. H. Austill. The bill in this cause was filed on 3rd September, 1879, and its material averments and purpose may be summarized as follows : In 1858, George W. Pettis died intestate in Montgomery county, in this State, seized and possessed of an estate consisting of real and personal property, and leaving him surviving Mary ~W. Pettis, his widow, and Theophilus, George W., James B. a,nd Mary S. Pettis, his only children…
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Appeal from Montgomery Chancery Court. Heard before Hon. H. Austill. The bill in this cause was filed on 3rd September, 1879, and its material averments and purpose may be summarized as follows : In 1858, George W. Pettis died intestate in Montgomery county, in this State, seized and possessed of an estate consisting of real and personal property, and leaving him surviving Mary ~W. Pettis, his widow, and Theophilus, George W., James B. a,nd Mary S. Pettis, his only children and heirs at law. On 23rd September, 1858, Felix M. Tankersly was appointed by the Probate Court of said county the…
1Opinion of the Court
BBICKELL, O. J.
The original bill was filed by the ap-pellee, as the sole surviving heir and distributee of her deceased father, George W. Pettis, to compel the appellant, Tankersly, as his administrator, to an account, settlement and distribution. A former bill filed by the appellee and her brother, James B. Pettis, now deceased, for a like purpose, was by the court of chancery, on a hearing on pleadings and evidence, dismissed absolutely and unconditionally. One ground of defense urged to the present bill is, that the decree in the former suit is a bar; and if well taken, is decisive of the…
2Cases cited7 opinions
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Mervine v. ParkerSupreme Court of Alabama · 1850
- Hutchinson v. DearingSupreme Court of Alabama · 1852
- Trustees of University of Alabama v. KellerSupreme Court of Alabama · 1840
- Wittick v. TraunSupreme Court of Alabama · 1854
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3Cited by30 opinions
- Jay v. StateAlabama Court of Appeals · 1916
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Sovereign Camp W. O. W. v. GunnSupreme Court of Alabama · 1932
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Cogburn v. CallierSupreme Court of Alabama · 1925
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