Crawford v. Engram
Supreme Court of Alabama
Appeal from Barbour Chancery Court. Heard before Hon.' Lucian D. Gardner. Bill by Annie O. Engrain against Annie V. Crawford and others for the collection of a legacy. From a decree adjudging a plea insufficient, defendant Crawford appeals. Jacob Bamser died in 1892, leaving a last will and testament, of which his two sons were made executors.
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Appeal from Barbour Chancery Court. Heard before Hon.' Lucian D. Gardner. Bill by Annie O. Engrain against Annie V. Crawford and others for the collection of a legacy. From a decree adjudging a plea insufficient, defendant Crawford appeals. Jacob Bamser died in 1892, leaving a last will and testament, of which his two sons were made executors. The executors entered upon the discharge of their duties, and settled up all the affairs of their testator, and settled with all the legatees in the will, except as to the property which was left by the first item of the will to Mary Bamser, the widow…
1Opinion of the CourtDowdell, J.
— ‘The appeal in this case is taken from the decree of the chancellor holding the respondent’s plea insufficient as an answer to the bill and overruling the same. By the plea the defense of an esjoiipel in pais was sought to be set up against the bill. Under the authorities hereinafter cited, we are quite clear that no facts are stated in the plea out of which an estoppel could arise. The last will and testament of Major L. Ramser, deceased, had not been offered for probate at the time of the alleged promise by the complainant to the respondent. There was no pending suit between the parties…
2Cases cited7 opinions
- Prater v. MillerSupreme Court of Alabama · 1854
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Clanton v. ScruggsSupreme Court of Alabama · 1891
- Stewart v. BradfordSupreme Court of Alabama · 1855
- Allen v. PraterSupreme Court of Alabama · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Burleson v. MaysSupreme Court of Alabama · 1914
- Bryant v. BryantSupreme Court of Pennsylvania · 1928
- Montgomery v. GrenierSupreme Court of Minnesota · 1912
- City of Mobile v. GeorgeSupreme Court of Alabama · 1950
- First National Bank of Birmingham v. BrownSupreme Court of Alabama · 1971
5 more not listed; retrieve them via the Exa API.