White v. Ross
Supreme Court of Alabama
This case was upon a bill for injunction, in Mobile Circuit Court. The complainant, Ross, set out, that on or about the fifteenth of April, 1827, one Beckley, died in the County of Mobile, having previously made and published a last will and testament, by which he nominated and appointed the said Ross, and one Chiles, as his executors, and Sarah Beckley, his wife, as executrix.
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This case was upon a bill for injunction, in Mobile Circuit Court. The complainant, Ross, set out, that on or about the fifteenth of April, 1827, one Beckley, died in the County of Mobile, having previously made and published a last will and testament, by which he nominated and appointed the said Ross, and one Chiles, as his executors, and Sarah Beckley, his wife, as executrix. That after said Beckley’s death, the complainant, alone, qualified, as the executor ; and took out letters testamentary on his estate, from the Orphans’ Court of Mobile. That the said Becldey died, possessed of…
1Opinion of the CourtTaylor, J.
The bill in this case alleges, that pending an action of detinue between the parties, in which Ross was defendant, and in which a recovery *127was had against him of a slave, or the value: the slave died. That the slave, at the time of his death, was living at a considerable distance from the residence of the complainant, and that he was not informed of his death until after the judgment was recovered against him; and prays that the judgment at law, for the value of the slave may he perpetually enjoined.
To this hill a demurrer was filed in the Circuit Court, which was overruled, and a perpetual…
2Cases cited1 opinion
- Carrel v. EarlyCourt of Appeals of Kentucky · 1815
3Cited by1 opinion
- Jones v. Norman Fountain Contractor, Inc.Supreme Court of Alabama · 1983