Legal Opinion

Farris v. Stoutz

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 16 opinions

Appeal from the Chancery Court of Lowndes. Fleard before the Hon. John A. Foster. The bill in this case was filed on the 8th February, 1883, by Mrs. Julia A. Stouts and others, “ only surviving children and heirs at law of B-ichard Geiger, deceased,” who was a son of Jacob Geiger, ’deceased, against T. L. Farris and Elizabeth Geiger; and prayed an account of certain moneys which went into the hands of M. D. Farris, deceased, who was the father of said T. L. Farris, and in…

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Appeal from the Chancery Court of Lowndes. Fleard before the Hon. John A. Foster. The bill in this case was filed on the 8th February, 1883, by Mrs. Julia A. Stouts and others, “ only surviving children and heirs at law of B-ichard Geiger, deceased,” who was a son of Jacob Geiger, ’deceased, against T. L. Farris and Elizabeth Geiger; and prayed an account of certain moneys which went into the hands of M. D. Farris, deceased, who was the father of said T. L. Farris, and in which the complainants claimed an interest as remainder-men under the provisions of the will of said Jacob Geiger, their…

1Opinion of the CourtClopton, J.

The bill regards and treats as valid the sales of the real and personal property of the estate of Jacob Geiger under the orders of the Orphans’ Court, and claims a portion of the proceeds of sale. Neither the averments of the bill, nor the proof is sufficient to declare a trust, or charge a lien on any specific property in which the money was invested. Though it was improper and irregular for the Orphans’ Court to have allowed Mordecai D. Farris, who had married the widow of the testator, and thereby became entitled to her life-estate in one-fourth of the proceeds of the sales of the…

2Cases cited3 opinions

  1. Luke v. Calhoun CountySupreme Court of Alabama · 1875
  2. Jones' Executors v. LightfootSupreme Court of Alabama · 1846
  3. Grimball v. MastinSupreme Court of Alabama · 1884

3Cited by16 opinions

  1. Moore v. StephensSupreme Court of Alabama · 1956
  2. Foster v. FosterSupreme Court of Alabama · 1929
  3. Beams v. YoungSupreme Court of Oklahoma · 1923
  4. Dallas Compress Co. v. LiepoldSupreme Court of Alabama · 1921
  5. McDaniel v. PutnamSupreme Court of Kansas · 1917

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