James v. James
Supreme Court of Alabama
Appeal from tbe Chancery Court of Chambers. Heard before the Hon. B. B. McOeaw. The bill in this case was filed on the 27th May, 1874, by Mary E. James, James James, and Melissa E. O’Neil, who sued by said James James as her nest friend, surviving children and heirs-at-law of Sylvester James, deceased, against Lee L. J ames individually, who had been the administrator of the estate of said Sylvester J ames; and sought to enforce against the defendant a constructive trust in…
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Appeal from tbe Chancery Court of Chambers. Heard before the Hon. B. B. McOeaw. The bill in this case was filed on the 27th May, 1874, by Mary E. James, James James, and Melissa E. O’Neil, who sued by said James James as her nest friend, surviving children and heirs-at-law of Sylvester James, deceased, against Lee L. J ames individually, who had been the administrator of the estate of said Sylvester J ames; and sought to enforce against the defendant a constructive trust in favor of the complainants, on account of the purchase by him of a tract of land belonging to said decedent’s estate,…
1Opinion of the Court
BBICKELL, C. J. —
This case is not of intrinsic difficulty, but its consideration is embarrassed by inappropriate and, in some respects, insufficient pleading, and the introduction of much irrelevant matter, tending to obscure the questions really at issue. A demurrer to the bill was interposed, assigning ten different causes, several of whieh rest upon the hypothesis, that the bill is filed under the statute (Bevised Code, § 2274)'for the correction of errors occurring in the final settlement of an administration made in the court of probate. Yet such is not the purpose of the bill, and it…
2Cases cited8 opinions
- Badger v. BadgerSupreme Court of the United States · 1865
- Stearns v. PageSupreme Court of the United States · 1849
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
- Tarleton v. Goldthwaite's HeirsSupreme Court of Alabama · 1853
- Leland v. WilkinsonSupreme Court of the United States · 1836
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3Cited by63 opinions
- Johnson v. Shenandoah Life Insurance CompanySupreme Court of Alabama · 1973
- Craig v. RootSupreme Court of Alabama · 1946
- Oxford v. EstesSupreme Court of Alabama · 1934
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
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