Swope v. Swope
Supreme Court of Alabama
Appeal from Lawrence County Court. Heard before Hon. W. H. Simpson. Bill by Carter Swope, pro ami against Clay Swope and others as guardians, etc., to remove an estate from the Probate to the Chancery court, and to wind up the estate. From a decree for complainant respondent appeals.
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Appeal from Lawrence County Court. Heard before Hon. W. H. Simpson. Bill by Carter Swope, pro ami against Clay Swope and others as guardians, etc., to remove an estate from the Probate to the Chancery court, and to wind up the estate. From a decree for complainant respondent appeals. The probate and chancery courts have concurrent jurisdiction in the matter of estates, and the court first taking-jurisdiction should retain it, unless cause for equitable interference should arise. — Warren v. Lewis, 53 Ala. 622; Ligón v. Ligón, 105 Ala. 464; McNeil v. McNeil, 36 Ala. 115. After an…
1DissentMcCLELLAN, J.
(dissenting). — The chancellor should not be put in error for overruling the demurrer of the guardian ad litem of Carter Swoope to the original bill of Garter Swoope, for the obvious reason that a party cannot demur to his own pleading. Nor can the chancellor be put in error for overruling the motion of the guardian ad litem of Carter Swoope to dismiss Car*169ter Swoope’s own original bill for want of equity; and so, for two reasons: First, motion to dismiss for want of equity was “abolished” by Code 1907, § 3121; second, a. party cannot, as in case of demurrer, before stated, thus invoke the…
2Cases cited13 opinions
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Tennessee Coal, Iron & Railroad v. HayesSupreme Court of Alabama · 1892
- Sumner v. HillSupreme Court of Alabama · 1908
- Barwick v. RackleySupreme Court of Alabama · 1871
- Kirkbride v. KellySupreme Court of Alabama · 1910
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