Ragland's Executors v. Morton
Supreme Court of Alabama
Appear from the Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The bill in this case was filed, on the 6th August, 1860, by Daniel S. Morton, against John W. Scruggs and Robert 33. Lindsay, individually, and as executors of the last will and testament of George O. Ragland, deceased, together with the children and heirs-at-law of said Ragland and his deceased wife; and sought to compel a settlement of said Ragland’s administration on the estate of David…
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Appear from the Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The bill in this case was filed, on the 6th August, 1860, by Daniel S. Morton, against John W. Scruggs and Robert 33. Lindsay, individually, and as executors of the last will and testament of George O. Ragland, deceased, together with the children and heirs-at-law of said Ragland and his deceased wife; and sought to compel a settlement of said Ragland’s administration on the estate of David Morton, deceased, and a decree for the complainant’s distributive share of said estate, or of the assets belonging to said…
1Opinion of the CourtByrd, J.
George O. Ragland having been appointed administrator de bonis non of the estate of David Morton, on the 6th December, 1838; and the bill in this case having been filed on the 6th of August, 1860, against the executors of the will of Ragland, for a settlement of his administration upon the estate of Morton; and the executors having interposed a demurrer to the bill, and assigned the lapse of time as one of the grounds of demurrer, we are of opinion that, under the allegations of the bill, and the amendments thereto, the demurrer should have been sustained.—Nimmo v. Stewart, 21 Ala. 692;…
2Cases cited4 opinions
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Johnson v. JohnsonSupreme Court of Alabama · 1843
- Austin v. JordanSupreme Court of Alabama · 1860
- Nimmo v. StewartSupreme Court of Alabama · 1852
3Cited by10 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Patterson v. WeaverSupreme Court of Alabama · 1927
- Philippi v. PhilippeSupreme Court of the United States · 1885
- Shorter v. SmithSupreme Court of Alabama · 1876
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