Crothers v. Ross's Distributees
Supreme Court of Alabama
Error to the Orphans’ Court of Mobile. Before the Hon. John A. Cuthbert, Judge. -■ In this ease, a petition 'was filed by. plaintiff in error,- who was the administrator of Jack F. Ross’s estate, for a superse-. deas, to stay proceedings on an-execution, issued in favor- of the distributees, on a decree, rendered upon final settlement.
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Error to the Orphans’ Court of Mobile. Before the Hon. John A. Cuthbert, Judge. -■ In this ease, a petition 'was filed by. plaintiff in error,- who was the administrator of Jack F. Ross’s estate, for a superse-. deas, to stay proceedings on an-execution, issued in favor- of the distributees, on a decree, rendered upon final settlement. The supersedeas was awarded, and at the September term, 1847, of the orphans’ court of Mobile, the plaintiff in error moved the court, to set.aside and vacate, on the grounds set out in the petition, the decree rendered at the previous August term. - The court…
1Opinion of the CourtCollier, C. J.
The plaintiff, by his petition, prayed the orphans’ court to annul, or modify, its decree, rendered at a previous “return day,” or “stated session,” of that court, by which his accounts as administrator, were finally settled, and the estate of the intestate distributed, upon special allegations, that great injustice had been done by that settlement. Conceding that it was competent for the court to have entertained the petition after the decree was perfected, the court adjourned and execution issued, and it by no means follows, that its dismissal, even if it was established » by proof, is…
2Cases cited2 opinions
- Slatter v. GloverSupreme Court of Alabama · 1848
- Bridges & Beers v. MillerSupreme Court of Alabama · 1842
3Cited by1 opinion
- Alexander v. NelsonSupreme Court of Alabama · 1868