Morris v. Morris
Supreme Court of Alabama
Appeal from Chancery Court of Perry. Heard before the Hon. Charles TurNEE. The bill in this cause was filed on the 11th of February, 1873, by James B. Morris, appellee, against William G-. Morris and others, appellants, to compel the settlement of the administration of said William G. Morris, as executor of the estate of one Thomas N. Morris, deceased, and to enforce, in favor of complainant as against defendant, JoJtm Chapman, a lien for the purchase-money of certain lands,…
Read the full summary
Appeal from Chancery Court of Perry. Heard before the Hon. Charles TurNEE. The bill in this cause was filed on the 11th of February, 1873, by James B. Morris, appellee, against William G-. Morris and others, appellants, to compel the settlement of the administration of said William G. Morris, as executor of the estate of one Thomas N. Morris, deceased, and to enforce, in favor of complainant as against defendant, JoJtm Chapman, a lien for the purchase-money of certain lands, purchased by him of tbe executor, and alleged to have been paid for in Confederate money. There were several demurrers…
1Opinion of the CourtStone, J.
The present bill does not seek to set aside any of the sales of the executor. On the contrary, it ratifies and confirms them, and claims relief solely on the ground that all the sales made*were valid and binding. The executor and purchaser from him, can not be heard to controvert the legality of their own sales and purchases, because each is estopped, so far as they are personally concerned. — Pistole v. Street, 5 Por. 64; Hopper v. Steele, 18 Ala. 828; Lamkin v. Ruse, 7 Ala. 170; Elliott v. Branch Bank, 20 Ala. 345; McCausland, v. Drake, 3 Stew. 344.
Hence, we hold, that in this case we need…
2Cases cited13 opinions
- Ferguson v. LowerySupreme Court of Alabama · 1875
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Miller v. EatmanSupreme Court of Alabama · 1847
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Baines v. BarnesSupreme Court of Alabama · 1879
- Dickie v. DickieSupreme Court of Alabama · 1885
- Johnston v. LittleSupreme Court of Alabama · 1904
- McIntosh v. MoodySupreme Court of Alabama · 1934
- Union Stave Co. v. SmithSupreme Court of Alabama · 1896
5 more not listed; retrieve them via the Exa API.