George v. George
Supreme Court of Alabama
Bill of Review for Error apparent on the Record. Appeal from Mobile Chancery Court, Heard before Hon. H. Austell. All the facts which are necessary to be set out are stated in the opinion of the court. — It affirmatively appeared from the bill in the original suit, that the claim asserted therein was barred by the statute of non-claim, not havingbeen presented to the administrator, or filed in the probate court within eighteen months after the grant of letters.
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Bill of Review for Error apparent on the Record. Appeal from Mobile Chancery Court, Heard before Hon. H. Austell. All the facts which are necessary to be set out are stated in the opinion of the court. — It affirmatively appeared from the bill in the original suit, that the claim asserted therein was barred by the statute of non-claim, not havingbeen presented to the administrator, or filed in the probate court within eighteen months after the grant of letters. Implied, or constructive trusts, are within the statute of non-claim. Tarleton v. Goldthwaite, 23 Ala. 346 ; 2 Brick. Dig. 218. The…
1Opinion of the CourtStone, J.
— An original bill was filed by Jane A. George, surviving wife of William H. George, deceased, against appellants and another, who were infant children, and the only issue of the marriage between the said William H. and Jane A. George. The said Jane A. was administratrix of Wil*194liam H,, her husband’s estate. The purpose of the bill was to have'a trust declared in favor of the complainant in a lo-t with its improvements in the city of Mobile, for moneys of the complainant, which were invested by the husband and trustee in the improvement of said lot. In accordance with the prayer of the bill,…
2Cases cited9 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Tilford v. Torrey & LockwoodSupreme Court of Alabama · 1875
- Dexter v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1829
- Inge v. BoardmanSupreme Court of Alabama · 1841
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3Cited by4 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Smith v. RogersSupreme Court of Alabama · 1927
- Allgood v. Bank of PiedmontSupreme Court of Alabama · 1900
- Jordan v. HardieSupreme Court of Alabama · 1901