Darrington v. Borland
Supreme Court of Alabama
POINTS INVOLVED IN THE DECISION OP THIS CAUSE. As to decrees in Chancenj, where parties have not answered; or have not been served with process. As to the service of process upon a personal representative, before decree. As to decree, appointing guardian, ad litem, to defend. As. to the satisfaction of debts of a testator, out of his realty, in the possession of his heirs, irrespective of a charge of the debts, by will, upon the lands.
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POINTS INVOLVED IN THE DECISION OP THIS CAUSE. As to decrees in Chancenj, where parties have not answered; or have not been served with process. As to the service of process upon a personal representative, before decree. As to decree, appointing guardian, ad litem, to defend. As. to the satisfaction of debts of a testator, out of his realty, in the possession of his heirs, irrespective of a charge of the debts, by will, upon the lands. As to a charge of debts, by will, upon the realty, and, what words amount thereto. As to the effect of a judgment against an executor, to charge heirs and…
1Opinion of the CourtThornton, J.
This is a writ of error, brought by the plaintiffs, to reverse a decree in Chancery, rendered against them, in the Monroe Circuit Court, The bill of complaint contains multifarious charges, which are substantially embraced in the following statement:
That the complainant was a creditor of Joseph Philips, deceased, upon an account, which is set forth at large in the bill. That the said-Philips died, on the-day of --, having made a last will and testament, an authenticated copy of which, with the certificate of probate, is made an exhibit, in the following words:
“ In the name of God, Amen! I,…
2Cases cited2 opinions
- Case of Wells' WillCourt of Appeals of Kentucky · 1824
- Turner v. ClayCourt of Appeals of Kentucky · 1813
3Cited by13 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- McCall v. McCurdySupreme Court of Alabama · 1881
- Teague v. CorbittSupreme Court of Alabama · 1877
- McCartney v. . BostwickNew York Court of Appeals · 1865
- Scott v. WareSupreme Court of Alabama · 1879
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