Hall's Heirs v. Hall
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried before Hon. J. McCaleb Wiley. This action was brought by Nathan A. Lewis and Mrs. M. R. Webster, against Matthew Hall, to recover a certain .house and lot, known as the “drug-store,” situated in the town of Midway in said county; and was commenced in September, 1867. The plaintiffs claimed as the heirs-at-law (being the brother and sister) of Mrs. Mariana E..
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Appeal from the Circuit Court of Bullock. Tried before Hon. J. McCaleb Wiley. This action was brought by Nathan A. Lewis and Mrs. M. R. Webster, against Matthew Hall, to recover a certain .house and lot, known as the “drug-store,” situated in the town of Midway in said county; and was commenced in September, 1867. The plaintiffs claimed as the heirs-at-law (being the brother and sister) of Mrs. Mariana E.. Hal], deceased, who was the wife of James M. Hall, deceased, in his life-time, and to whom said house and lot' were devised by his will; while the defendant, who was the executor of said…
1Opinion of the CourtPeck., C. J.
In this State, the probate courts have original, 'general, and unlimited jurisdiction of the probate of wills, whether of real or personal estate. — Rev. Code, §§ 790, 1939, 1944; Gray’s Admr’s v. Cruse, 36 Ala. 559. When a will is propounded and filed in the proper probate court, the court thereby acquires jurisdiction of the probate of such will. The common-law rule does not prevail here, which makes the validity of wills of real estate cognizable only in the common-law courts, and in the ordinary forms of suits, where the verdict and judgment are conclusive only on parties and privies as…
2Cases cited10 opinions
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Chighizola v. Le BaronSupreme Court of Alabama · 1852
- Roy v. SegristSupreme Court of Alabama · 1851
- Watson v. MaySupreme Court of Alabama · 1845
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Knox v. PaullSupreme Court of Alabama · 1891
- Walker v. BowlingSupreme Court of Alabama · 1954
- Caverno v. WebbSupreme Court of Alabama · 1940
- Dickey v. VannSupreme Court of Alabama · 1886
13 more not listed; retrieve them via the Exa API.