Mims v. Sturdevant
Supreme Court of Alabama
Appeal from the Probate Court of Covington. In the matter of the estate of Britton Mims, deceased, on the suggestion of Willis St-urdevant and wife that the executor, Stanford Mims, had not made a full inventory of the property belonging to the estate, bat had failed to charge himself with a slave' named John, whom the executor claimed as his own property.
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Appeal from the Probate Court of Covington. In the matter of the estate of Britton Mims, deceased, on the suggestion of Willis St-urdevant and wife that the executor, Stanford Mims, had not made a full inventory of the property belonging to the estate, bat had failed to charge himself with a slave' named John, whom the executor claimed as his own property. The proceeding was commenced in the orphans’ court of Monroe county, in September, 1846; and a judgment was rendered by that court, without the intervention of a jury, in November, 1852. This judgment was reversed by this court, on writ of…
1Opinion of the CourtA. J. Walker, C. J.
This was a proceeding instituted by suggestion in the orphans’'court, in 1846, by a legatee, for the purpose oí obtaining a judicial ascertainment that'-a certain slave, not included in the inventory, belonged to the testator’s estate; and of further obtaining a judgment that the executor should stand chargeable with the same, as a part of the estate. It is urged now in this court, that the orphans’ court had.no jurisdiction of the proceeding, disconnected as it-is from a settlement of the administration upon the estate; and that this court ought now to reverse the decree of the court below,…
2Cases cited7 opinions
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
- Long v. DavisSupreme Court of Alabama · 1851
- Holmes v. GayleSupreme Court of Alabama · 1840
- Mims v. SturdevantSupreme Court of Alabama · 1853
- Vastbinder v. MetcalfSupreme Court of Alabama · 1841
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Wyatt v. StateAlabama Court of Appeals · 1950
- Torrey v. BurneySupreme Court of Alabama · 1896
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
- Russell v. BushSupreme Court of Alabama · 1916
18 more not listed; retrieve them via the Exa API.