Bentley v. Cleaveland
Supreme Court of Alabama
Ebbob to tbe Chancery Court of Mobile. Heard before the HoN. J. W. LesesNE. The complainants, Warren Bentley and Cecilia, his wife, and Lewis Young, a minor, who sues by Edward Parker, his next friend, set out in their bill that said Cecilia and Lewis are the only heirs at law and distributees of the estate of Lewis Young, deceased, a free man of color, who was a resident of the city of Mobile, and who died intestate in the year 1834. It is alleged in the bill, that the…
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Ebbob to tbe Chancery Court of Mobile. Heard before the HoN. J. W. LesesNE. The complainants, Warren Bentley and Cecilia, his wife, and Lewis Young, a minor, who sues by Edward Parker, his next friend, set out in their bill that said Cecilia and Lewis are the only heirs at law and distributees of the estate of Lewis Young, deceased, a free man of color, who was a resident of the city of Mobile, and who died intestate in the year 1834. It is alleged in the bill, that the intestate died seized of a lot of land in said city, with several tenements erected upon it, and possessed of two slaves, a…
1Opinion of the CourtLigon, J.
The exceptions taken to the answer for want of tbe discovery sought by tbe bill, upon first inspection of tbe record, will appear strikingly well taken; and when they are viewed only in reference to tbe state of tbe pleadings when tbe answer was filed, and our own statute prescribing the character of such an answer as is required in order to set aside a decree pro confesso, it is difficult to perceive a good reason for overruling or disallowing them. The statute *817(Clay’s Dig. 251, § 89,) provides, that no decree pro confesso shall be set aside, but oil filing a Ml and complete answer to tbe…
2Cases cited4 opinions
- Trotter v. BlockerSupreme Court of Alabama · 1838
- Michan v. WyattSupreme Court of Alabama · 1852
- Atwood's Heirs v. BeckSupreme Court of Alabama · 1852
- In re Easton's WillNew York Court of Chancery · 1836
3Cited by5 opinions
- First National Bank v. Northwestern National BankIllinois Supreme Court · 1894
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
- Gwynn v. Hamilton's Adm'rSupreme Court of Alabama · 1856
- Wilson's Adm'r v. HoltSupreme Court of Alabama · 1890
- Wood v. WardU.S. Circuit Court for the District of Southern Ohio · 1879