Wade v. Pope
Supreme Court of Alabama
Appeal from tbe Chancery Court of Autauga. Heard before Hon. J. Q. Loomis. This was a bill in equity filed by tbe appellant, Wade, against the appellees, Matilda E. Pope, as executrix of tbe last will and testament of Zachary Pope, deceased, and tbe heirs and devisees of said estate, and sought to charge the estate for the payment of wages due appellant as overseer employed on said estate, and for mules purchased and paid for by him for the estate, and used in carrying on…
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Appeal from tbe Chancery Court of Autauga. Heard before Hon. J. Q. Loomis. This was a bill in equity filed by tbe appellant, Wade, against the appellees, Matilda E. Pope, as executrix of tbe last will and testament of Zachary Pope, deceased, and tbe heirs and devisees of said estate, and sought to charge the estate for the payment of wages due appellant as overseer employed on said estate, and for mules purchased and paid for by him for the estate, and used in carrying on the farm, at the request of the executrix- The bill charges, that under the will the executrix was authorized to contract…
1Opinion of the CourtPeters, J.
The facts in this case are almost identically the same as those in Lyon v. Hays' Adm’r, 30 Ala. 430. In this latter case Lyon filed his bill to coerce payment of a debt due him out of the estate of George Hays, deceased, for services rendered by him, at the instance of Robert Leachman, a former administrator cum testamento annexo, in ditching the lands of the estate. The bill alleged, the services rendered were valuable to the estate, and that the complainant had obtained judgment at law against Leachman, on which execution had been issued and returned “ no property found” ; and also that…
2Cases cited4 opinions
- Jones v. DawsonSupreme Court of Alabama · 1851
- Kirkman, Abernathy & Hanna v. BenhamSupreme Court of Alabama · 1856
- Mulhall v. WilliamsSupreme Court of Alabama · 1858
- Lyon v. Hays' Adm'rSupreme Court of Alabama · 1857
3Cited by9 opinions
- Clopton v. GholsonMississippi Supreme Court · 1876
- Matson v. PearsonMissouri Court of Appeals · 1906
- Askew v. MyrickSupreme Court of Alabama · 1875
- Etowah Mining Co. v. Wills Valley Mining & Mfg. Co.Supreme Court of Alabama · 1904
- Auxier v. Aetna Insurance CompanyCourt of Appeals of Kentucky (pre-1976) · 1927
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