Moore v. Lesueur
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. James B. Clark. ' This bill was filed by Thomas J. Moore, as the admin- • istrator of Hardy H. Moore, deceased, and sought to remove the final settlement of his administration from the probate court, where it had been commenced, into the chancery court. The intestate died in September, 1836, leaving his widow, Mrs. Penelope N. Moore, and their only son, Thomas H. Moore, his sole distributees and heirs-at-law.
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Appeal from the Chancery Court of Marengo. Heard before the Hon. James B. Clark. ' This bill was filed by Thomas J. Moore, as the admin- • istrator of Hardy H. Moore, deceased, and sought to remove the final settlement of his administration from the probate court, where it had been commenced, into the chancery court. The intestate died in September, 1836, leaving his widow, Mrs. Penelope N. Moore, and their only son, Thomas H. Moore, his sole distributees and heirs-at-law. In 1841 Thomas Ii. Moore also died, leaving his mother his sole distributee and heir-at-law. Soon after the death' of…
1Opinion of the CourtStone, J.
—The view most- favorable to complainant which can be entertained, must concede that, in the absence of special equities, the court of probate and the court of chancery have concurrent jurisdiction of the settlement of administrations. In such case, the tribunal which first takes cognizance of the matter in controversy, will retain it to the exclusion of the other.—Harrison v. Harrison, 9 Ala. 479; King v. Smith, 15 Ala. 269 ; Nelson v. Dunn, 15 Ala. 514; Horton v. Mosely, 17 Ala. 794; Gould v. Hayes, 19 Ala. 438 ; Smith v. McIver, 9 Wheat. 532; Pharis v. Leachman, 20 Ala. 662; Pearson v.…
2Cases cited26 opinions
- Smith v. McIverSupreme Court of the United States · 1824
- Gould v. HayesSupreme Court of Alabama · 1851
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- French v. GarnerSupreme Court of Alabama · 1838
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3Cited by24 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Wilkinson v. StuartSupreme Court of Alabama · 1883
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
- Trimble v. FarissSupreme Court of Alabama · 1884
- Hutton v. WilliamsSupreme Court of Alabama · 1877
19 more not listed; retrieve them via the Exa API.