Carter v. Owens
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John X. Henry. This action was brought by Mrs. Mary Carter, (who was described in the summons, and in the original complaint, as the wife of Augustus Carter,) against Thaddeus C. Owens, and was commenced on the 25th September, 1865. The amended complaint was in the following words: “ The plaintiff claims of the defendant fifteen hundred and eight dollars, due by promissory note made by him on the 5th day of…
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Appeal from the Circuit Court of Butler. Tried before the Hon. John X. Henry. This action was brought by Mrs. Mary Carter, (who was described in the summons, and in the original complaint, as the wife of Augustus Carter,) against Thaddeus C. Owens, and was commenced on the 25th September, 1865. The amended complaint was in the following words: “ The plaintiff claims of the defendant fifteen hundred and eight dollars, due by promissory note made by him on the 5th day of April, 1860, and payable to Rufus X. George, or bearer, on or before the first day of January next thereafter, with interest…
1Opinion of the CourtA. J. Walker, C. J.
The complaint, to which a demurrer was sustained, shows that all the persons interested in a decedent’s estate, as widow, heirs, distributees, legatees, or devisees, including the person appointed executrix by the will, and the husbands of femes covert, (all being adults,) by agreement divided among themselves all the property of the estate according to the direction of the will, paid off all debts against the estate, and delivered the note described to the plaintiff, as a part of her share; and all this was done without probate of the will, or administration of the estate. The effect of such…
2Cases cited8 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Miller v. EatmanSupreme Court of Alabama · 1847
- Marshall v. Crow's Adm'rSupreme Court of Alabama · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brown v. ForscheMichigan Supreme Court · 1880
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Foote v. FooteMichigan Supreme Court · 1886
- Griffin v. WarburtonWashington Supreme Court · 1900
- Love v. RennieSupreme Court of Alabama · 1950
12 more not listed; retrieve them via the Exa API.