McCalley v. Robinson's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Madison. Tried before the Plon. William Richardson. In the matter of the estate of Emeline Robinson, deceased, on the application of George Meyer, the administrator de bonis non, for an order to sell lands for the payment of debts. The application was contested by Alfred McCalley, who was in possession of the land, claiming it as sole devisee under the decedent’s will.
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Appeal from the Probate Court of Madison. Tried before the Plon. William Richardson. In the matter of the estate of Emeline Robinson, deceased, on the application of George Meyer, the administrator de bonis non, for an order to sell lands for the payment of debts. The application was contested by Alfred McCalley, who was in possession of the land, claiming it as sole devisee under the decedent’s will. The appeal is sued out by McCalley, who here assigns as error the judgment of the court overruling a plea of res adjudícala filed by him, the decree granting an order of sale as prayed, and…
1Opinion of the CourtSomerville, J.
This is an application for the sale of lands for the payment of debts, filed by the appellee, as administrator of the estate of Emeline Robinson, deceased. The-proceeding is resisted, principally,-on two grounds: first, that-the matters in controversy are res adyudicata ; second, that the evidence fails to prove that there are any debts against the-estate.
In support of the plea of former recovery, the defendant in the proceeding, who is the appellant in this court, introduced the record and proceedings of the Probate Court dismissing a similar application, filed by the administrator, but a…
2Cases cited1 opinion
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1880
3Cited by8 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Jay v. StateAlabama Court of Appeals · 1916
- Brady v. HuffSupreme Court of Alabama · 1883
- State ex rel. Craft v. WilliamsSupreme Court of Alabama · 1901
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