Jordan v. Thompson
Supreme Court of Alabama
Contested Application for Letters of Administration. Appeal from Etowah Probate Court; Heard before Hon. L. E. Hamlin. On December 1st, 1880, John D. Chandler filed bis petition in the Probate Court of Etowah county, praying that letters of administration de bonis non be granted to A. P. Thompson, as sheriff of said county, and ex-officio administrator.
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Contested Application for Letters of Administration. Appeal from Etowah Probate Court; Heard before Hon. L. E. Hamlin. On December 1st, 1880, John D. Chandler filed bis petition in the Probate Court of Etowah county, praying that letters of administration de bonis non be granted to A. P. Thompson, as sheriff of said county, and ex-officio administrator. This petition averred that Elizabeth G. Jordan, a resident citizen of Etowah county, died there in 1874, leaving personal and real property valued at six thousand dollars ; that in Eebruary, 1876, letters of administration on her estate were…
1Opinion of the CourtStone, J.
— The Plobate Court erred in allowing the petitioner, Chandler, to read in evidence his own sworn petition. It was, at most, an ex-parte affidavit, and not legal evidence, that its averments were true. The facts averred therein, some of them, are record facts, and their existence can only be proved by the record itself. The hill of exceptions states it contains all the evidence on which the probate judge acted, and it does not contain the record of the suit and recovery mentioned in the petition. As we can not know what influence this illegal testimony exerted, in forming the judgment and…
2Cases cited2 opinions
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3Cited by2 opinions
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