Scruggs v. Driver's Executors
Supreme Court of Alabama
Appeal from tbe Chancery Court of Madison. Heard before the Hon. John Eostek. The bill in this case was filed by Giles L. Driver and William R. Hunt, executors of the last will and testament of Eli M. Driver, deceased, against James H. Scruggs, as executor of the last will and testament of Mrs. Julia S. Driver, who was the widow of said E. M. Driver; and sought the rescission of a contract, by which plaintiffs purchased from said Scruggs, acting as the agent of Mrs. Driver,…
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Appeal from tbe Chancery Court of Madison. Heard before the Hon. John Eostek. The bill in this case was filed by Giles L. Driver and William R. Hunt, executors of the last will and testament of Eli M. Driver, deceased, against James H. Scruggs, as executor of the last will and testament of Mrs. Julia S. Driver, who was the widow of said E. M. Driver; and sought the rescission of a contract, by which plaintiffs purchased from said Scruggs, acting as the agent of Mrs. Driver, her dower and distributive interest in the estate of her deceased husband, the recovery of that portion of the…
1Opinion of the CourtWalkeb, J.
— The defendant’s declaration, proved in Thompson’s deposition, is sufficient evidence that Mrs. Driver died on the 9th February, 1853. The probability that the defendant, who was Mrs. Driver’s attorney in fact, and her brother, and the executor of her will, was correctly informed as to the date of her death; the fact that there is nothing in the proof conflicting with the correctness of the admission, and that there is no perceivable reason for distrusting the memory or veracity of the witness, authorize the estimate of the declaration as reliable evidence. Mrs. Driver’s death on the 9th…
2Cases cited14 opinions
- Peirsoll v. ElliottSupreme Court of the United States · 1832
- Hamilton v. CummingsNew York Court of Chancery · 1815
- Lessor of Fisher v. CockerellSupreme Court of the United States · 1831
- Miller v. McCanNew York Court of Chancery · 1839
- Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
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3Cited by12 opinions
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
- Wilkinson v. McCallSupreme Court of Alabama · 1945
- Lockett v. HurtSupreme Court of Alabama · 1876
- Alexander v. ReaSupreme Court of Alabama · 1874
- De Roberts v. Town of CrossSupreme Court of Oklahoma · 1909
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