Scott v. Ware
Supreme Court of Alabama
Appeals from the Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. These four cases were closely connected, and originated in the same state of facts. Geo.
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Appeals from the Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. These four cases were closely connected, and originated in the same state of facts. Geo. S. Scott, tbe appellant in two of the cases, filed his bill in said Chancery Court at Montgomery, on tbe 1st September, 1873, as a judgment creditor of Bobert J. Ware, deceased, suing on bebalf of himself and all other creditors who might intervene, against tbe executor and devisees under tbe will of said decedent; seeding to subject the devised lands to tbe payment of tbe debts due to the complainant and other creditors.…
1Opinion of the CourtBrickell, C. J.
— These causes were argued and submitted, and will be decided in connection. The cases in which Scott is appellant, each involving the same question, will be first considered. To the clear apprehension of the question, it is better to state the facts — the origin, nature, and history of the controversy.
Robert J. Ware died in 1867, the owner of considerable personal property, and seized and possessed of a large and valuable real estate. Before his death, he made and published his last will and testament, which, after his death, was duly admitted to probate. Thereby, his two sons, James H. and…
2Cases cited22 opinions
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Childress v. MonetteSupreme Court of Alabama · 1875
17 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Taylor v. CrookSupreme Court of Alabama · 1902
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Allen v. KellamSupreme Court of Alabama · 1881
- Cross v. Will County National BankIllinois Supreme Court · 1898
- Alabama National Bank v. Mary Lee Coal & Railway Co.Supreme Court of Alabama · 1895
23 more not listed; retrieve them via the Exa API.