Humphreys v. Burleson
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the ITon. Thomas Cobbs. The bill in this case was filed on the 19th August, 1881, by Mrs. Isabella Humphreys, a married woman residin'g in Texas, against Dabney A. Burleson, individually, and as the administrator of the estate of Jonathan Burleson, deceased, who was the father of said complainant and defendant; and sought to set aside a settlement of said administrator’s accounts, which was made in the Probate Court on…
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Appeal from the Chancery Court of Morgan. Heard before the ITon. Thomas Cobbs. The bill in this case was filed on the 19th August, 1881, by Mrs. Isabella Humphreys, a married woman residin'g in Texas, against Dabney A. Burleson, individually, and as the administrator of the estate of Jonathan Burleson, deceased, who was the father of said complainant and defendant; and sought to set aside a settlement of said administrator’s accounts, which was made in the Probate Court on the 13th October, 1879, and to correct errors and mistakes which had intervened in said settlement to the prejudice of…
1Opinion of the CourtBkiokell, C. J.
The original bill was filed by the appellant, one of the heirs at law and next of kin of Jonathan Burleson, deceased, to open a settlement of the administration of his estate, had in the Court of Probate, by the appellee as administrator. The bill is directed to the original and general jurisdiction of a court of equity to open settlements had in the Court of Probate, and relieve a party injured by them, when, by accident, or surprise, or by the act or fraud of his adversary, he has been prevented from obtaining a fair and full adjudication of his rights when the settlement was made. And it…
2Cases cited6 opinions
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