Whetstone v. Whetstone's Ex'rs
Supreme Court of Alabama
Appeal from Autauga Chancery Court. Heard before Hon. N. S. GeaiiaM. The case made by the bill in this canse, and the relief sought thereby are sufficiently stated in the opinion. The defendants demurred to the bill, assigning the following, among other grounds of demurrer: (1) That the complainant had a full and adequate remedy at law.
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Appeal from Autauga Chancery Court. Heard before Hon. N. S. GeaiiaM. The case made by the bill in this canse, and the relief sought thereby are sufficiently stated in the opinion. The defendants demurred to the bill, assigning the following, among other grounds of demurrer: (1) That the complainant had a full and adequate remedy at law. (2) That it is not averred that Rachel I). Whetstone has ever been declared to be a person of unsound mind, and incapable of attending to her own affairs. (3) That no facts are set forth in the bill authorizing Henry L. Stone and Daniel H. DeBardeleben to file…
1Opinion of the CourtStone, J.
The present bill was filed June 14th, 1882, by Rachel D. Whetstone, suing by her next friends, Henry L. Stone and Daniel H. De Bardeíeben, against the executors of Lewis M. Whetstone. It avers that the said Rachel D. “ has been all her life a person of weak mind and understanding, and has never undertaken to transact any business affairs, or to manage property; and since the year 1860, has been entirely incapable of making or understanding any business transactions, from mental derangement.” The bill further alleges that the said Rachel D. and the late Lewis M. Whetstone are daughter and son…
2Cases cited5 opinions
- Vincent v. RogersSupreme Court of Alabama · 1857
- Moody v. BibbSupreme Court of Alabama · 1874
- Cole's committee v. Cole's adm'rSupreme Court of Virginia · 1877
- Tanner v. SkinnerCourt of Appeals of Kentucky · 1874
- Bibb v. M'KinleySupreme Court of Alabama · 1839
3Cited by31 opinions
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1912
- Scott v. ScottSupreme Court of Alabama · 1918
- Bromberg v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Cook v. CastleberrySupreme Court of Alabama · 1937
- Campbell v. CampbellSupreme Court of Alabama · 1941
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