Boykin v. Cook
Supreme Court of Alabama
Appeal from Clarke Chancery Court. Heard before Hon. A. W. Dillard. Pleiades Brown filed this bill against Francis B. James, and Samuel T. Boykin, as executors of Robert D. James, deceased, and against the widow, and legatees and devisees under the will of said Robert D. — said Francis B. being a devisee also — to subject lands devised, for payment of certain judgments, which Brown alleged were subsisting and valid claims against the estate.
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Appeal from Clarke Chancery Court. Heard before Hon. A. W. Dillard. Pleiades Brown filed this bill against Francis B. James, and Samuel T. Boykin, as executors of Robert D. James, deceased, and against the widow, and legatees and devisees under the will of said Robert D. — said Francis B. being a devisee also — to subject lands devised, for payment of certain judgments, which Brown alleged were subsisting and valid claims against the estate. Brown having died pending suit, it was revived in the name of Zo. S. Cook, as his administrator. The case made by the pleadings and proof was…
1Opinion of the CourtStone, J.
The heirs of Robert D. James, who are made defendants to this suit, do not, in their answers, admit the existence or justness of the claims sought to be recovered in this proceeding, and the result of this is, that the onus was cast on complainant of proving his demand. The only evi~*476■dence he offered of his several claims, was the record of recoveries in the Circuit Court, in suits against Samuel T. Boykin and Francis B. James, as the executors of the will of Robert I). James, deceased. These records were not evidence against the other heirs, devisees of Robert D. James, nor against Maria L.…
2Cases cited9 opinions
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- Worthington v. McRobertsSupreme Court of Alabama · 1846
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3Cited by9 opinions
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