Ex parte Lunsford
Supreme Court of Alabama
The facts of the case are sufficiently stated in the opinion. The chancery court had no power or jurisdiction to appoint and qualify an administrator de bonis non. This right was exclusively in the probate court.
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The facts of the case are sufficiently stated in the opinion. The chancery court had no power or jurisdiction to appoint and qualify an administrator de bonis non. This right was exclusively in the probate court. It was so intended under the provisions of the-Code. — Constitution, Art. VI, §9; Ilcelheimer v. Chapman, 32 Ala. 680 ; Malone & Foote v. Hill, 68 Ala. 228 ; Ex parte Smith, 23 Ala. 94; Ex parte Lyon, 60 Ala. 654; Ex parte Boothe, 64 Ala. 318. The administrator de bonis non was lightly appointed in this case. “When a court of equity takes jurisdiction of the estate of a decedent, the…
1Opinion of the CourtBrickell, C. J.
This is an original application -for a writ of prohibition to be directed to the court of chancery of the county of Jefferson, the chancellor therein presiding, and to one F. W. Dixon, claiming to be the administrator de bonis non of one George Lunsford,’ deceased, under an appointment of the court of chancery, commanding the court, the chancellor, and said Dixon, to desist and refrain from proceeding or acting upon the said order of appointment. The material facts, as disclosed by the petition, the answer to the rule nisi, and the accompanying exhibits, are, that the said George Lunsford…
2Cases cited11 opinions
- Clark v. KnoxSupreme Court of Alabama · 1881
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Ex parte SmithSupreme Court of Alabama · 1853
- Key v. JonesSupreme Court of Alabama · 1875
- Randle v. CarterSupreme Court of Alabama · 1878
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3Cited by4 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Rucker v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1912
- Roy v. RoySupreme Court of Alabama · 1909
- Lunsford v. LunsfordSupreme Court of Alabama · 1898