Martin v. Atkinson
Supreme Court of Alabama
Appeal from Conecuh Chancery Court. Heard before Hon. J. N. Williams. The facts of this case, as far as is necessary to set them out, may be stated, as follows: In 1888, John Nored of Conecuh county died, leaving a will appointing his widow, Sarah J. Nored, and Geo. W. Pryor his executors. On 15th. Oct. 1888, the probate court of said county, appointed these parties executors, who gave bond with M. W. Kimberly, S. J. Bolling, T. W. Peagle, and Wm.
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Appeal from Conecuh Chancery Court. Heard before Hon. J. N. Williams. The facts of this case, as far as is necessary to set them out, may be stated, as follows: In 1888, John Nored of Conecuh county died, leaving a will appointing his widow, Sarah J. Nored, and Geo. W. Pryor his executors. On 15th. Oct. 1888, the probate court of said county, appointed these parties executors, who gave bond with M. W. Kimberly, S. J. Bolling, T. W. Peagle, and Wm. M. Martin, the appellant in this case, as sureties thereon. On the 88th of January, 1889, said executors, by an order of the said probate court,…
1Opinion of the CourtHabalson, J.
If the decrees of the probate court, on which executions issued, and which are sought to be enjoined, are void on their face, the decree of the chancellor dismissing the bill for want of equity must be affirmed. All the other questions raised and discussed, if of any merit, are wholly dependent upon this one question.
1. The nullity of the decree in favor of Geo. W. Pryor against himself and Sarah J. Nored, his co-executor,- of date 11th March, 1889, seems to be conceded by appellant’s counsel. The question is no longer an open one with us. Prvor occupied inconsistent and antagonistic…
2Cases cited6 opinions
- Hays v. CockrellSupreme Court of Alabama · 1867
- Glass v. GlassSupreme Court of Alabama · 1884
- Morgan v. Lehman, Durr & Co.Supreme Court of Alabama · 1890
- Tankersly v. PettisSupreme Court of Alabama · 1878
- Alexander v. AlexanderSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Johnson v. JohnsonSupreme Court of Alabama · 1913
- Castleberry v. HollingsworthSupreme Court of Alabama · 1927
- Hynes v. UnderwoodSupreme Court of Alabama · 1915
- Murphree v. International Shoe Co.Supreme Court of Alabama · 1945
- Ex Parte GriffinSupreme Court of Alabama · 1942
2 more not listed; retrieve them via the Exa API.