C. W. Zimmerman Mfg. Co. v. Wilson
Supreme Court of Alabama
Appeal from Clarice Chancery Court. Heard before Hon. Thomas II. Smith. This bill was filed by the C. W. Zimmerman Mfg. Co. v. the heirs of Alston Wilson, seeking to restain the administrator from paying out to the heirs money obtained from the sale of the homestead of the- widow and'to require the said heirs to account for the breach of a contract of sale entered into by the widow of Alston Wilson.
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Appeal from Clarice Chancery Court. Heard before Hon. Thomas II. Smith. This bill was filed by the C. W. Zimmerman Mfg. Co. v. the heirs of Alston Wilson, seeking to restain the administrator from paying out to the heirs money obtained from the sale of the homestead of the- widow and'to require the said heirs to account for the breach of a contract of sale entered into by the widow of Alston Wilson. The facts may be briefly stated as follows: Alston Wilson died in Clarke county on March 26, 1887, leaving certain real estate. His estate was administered on by the widow,- and out of the real…
1Opinion of the Court
WEAKLEY, G. J.
The bill as amended asserts against the heirs at law of Susanna Wilson, deceased, a claim for a breach of a contract to defend .title, much*, by her in the sale of the pine timber growing upon the lands which had been set apart to her for dower and homestead, as the widow of her deceased husband, Alston Wilson. The claim is rested principally upon the. allegation that some of her heirs* all being made parties defendant to the. bill, are insolvent, and that as heirs and distributees of their mother they had received and divided among themselves the money paid for the timber, as…
2Cases cited3 opinions
- Russ v. AlpaughMassachusetts Supreme Judicial Court · 1875
- Alexander v. FisherSupreme Court of Alabama · 1845
- Smith v. CooperSupreme Court of Alabama · 1877
3Cited by5 opinions
- Dallas Compress Co. v. LiepoldSupreme Court of Alabama · 1921
- Lesser v. PominCalifornia Court of Appeal · 1934
- Guest v. GuestSupreme Court of Alabama · 1937
- Harrison v. LeeSupreme Court of Alabama · 1950
- Thrasher v. ThrasherCourt of Civil Appeals of Alabama · 2014