Whitworth's Distributees v. Oliver
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. James B. ClaRK. The bill in this case was filed, on the 2d February, 1861, by Joseph W. Gills, Elizabeth Ann Gills, his wife, and Mrs. Sarah Whitworth, against William C. Oliver, as the administrator of Henry Clay Whitworth, deceased, and the sureties on his official bond.
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Appeal from the Chancery Court of Greene. Heard before the Hon. James B. ClaRK. The bill in this case was filed, on the 2d February, 1861, by Joseph W. Gills, Elizabeth Ann Gills, his wife, and Mrs. Sarah Whitworth, against William C. Oliver, as the administrator of Henry Clay Whitworth, deceased, and the sureties on his official bond. It alleged, that the complainants resided in Yirginia, and were the distributees and next of kin of said decedent, Mrs. Sarah Whitworth being his mother, and Mrs. Gills his sister; that the deceased died in Yirginia, where he resided, in 1845, intestate, and…
1Opinion of the CourtStone, J.
The demurrer to the bill in this case, on the ground that when the bill was filed — February 2d, 1861— the complainants, who were residents of the State of Virginia, were alien enemies, and therefore incapable of maintaining an action in our courts, is not well taken. Without intending, at this time, to declare at what time the present war between the United States and the Confederate States had its beginning, we feel no hesitation in affirming that at no time has the commonwealth of Virginia been a party to the war against us; and hence we hold, that the unsupported fact, that the…
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