Duckworth v. Duckworth's Adm'r
Supreme Court of Alabama
Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. Clark. The bill in this case was filed by Jeremiah Duckworth and Alfred Berry, against John C. Grayson, as the administrator of Randall Duckworth, jr., deceased; and sought to enjoin a decree of the probate court of Dallas, which had been reudered against the complainants, on the final settlement of their accounts as executors of Randall Duckworth, sr., in favor of said Grayson, for his intestate’s…
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Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. Clark. The bill in this case was filed by Jeremiah Duckworth and Alfred Berry, against John C. Grayson, as the administrator of Randall Duckworth, jr., deceased; and sought to enjoin a decree of the probate court of Dallas, which had been reudered against the complainants, on the final settlement of their accounts as executors of Randall Duckworth, sr., in favor of said Grayson, for his intestate’s distributive share of said estate. The facts alleged are these: In June, 1851, the complainants, in connection with the…
1Opinion of the CourtR. W. Walker, J.
1. If the demands set up by the complainants against the estate of Randall Duckworth, jr., could have been allowed on their final settlement in the probate court, in reduijtion of his distributive share in his father’s estate, the bill is without equity ; for no rule is better established, than that a court of chancery will not relieve in regard to a matter as to which the complainant could have had redress in a previous litigation, unless he was prevented from obtaining it by accident,’ fraud, or the act of the opposite party, unmixed with fault or negligence on his part. — Hair & Labuzan v.…
2Cases cited3 opinions
- Cockrell v. GurleySupreme Court of Alabama · 1855
- Hair v. LoweSupreme Court of Alabama · 1851
- Spence v. DurenSupreme Court of Alabama · 1841
3Cited by35 opinions
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- Chandler v. HannaSupreme Court of Alabama · 1882
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