Merrill v. Jones
Supreme Court of Alabama
Writ of error to the Cricuit Court of Covington County. This case had its origin in the county Court, in which Jones appeared, and claimed to be one of the distributees of Benjamin Merrill, deceased, and suggested that Jacob Merrill, the administrator of the said Benjamin Merill, had certain slaves belonging to the estate, which had not been accounted for by him, and prayed that the said administrator rnight be cited to appear, and make a final senttlement of the estate.
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Writ of error to the Cricuit Court of Covington County. This case had its origin in the county Court, in which Jones appeared, and claimed to be one of the distributees of Benjamin Merrill, deceased, and suggested that Jacob Merrill, the administrator of the said Benjamin Merill, had certain slaves belonging to the estate, which had not been accounted for by him, and prayed that the said administrator rnight be cited to appear, and make a final senttlement of the estate. The administrator appeared to the citation issued on this suggestion; and an issue was made between these parties, and a…
1Opinion of the CourtGoldthwaite, J.
1. In all proceedings for the final settlement of a solvent estate before the county Court, though the administrator may be cited by any one of the distributees, the parties to the final decree must necessarily be the administrator, on the one side, and the distributees on the other.
2. The distributees named in the judgment of the county Court, occupy the position of joint plaintiffs, not because their interests are necessarily joint, but because the judgment arises out of the same proceedings. A similar practice must prevail in cases of the description as that adopted in Chancery cases. In…
2Cases cited1 opinion
- Cullum v. BatreSupreme Court of Alabama · 1840
3Cited by4 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Davis v. DavisSupreme Court of Alabama · 1844
- Booker's Ex'rs v. JemisonSupreme Court of Alabama · 1842
- Sankey's Ex'rs v. Sankeys DistributeesSupreme Court of Alabama · 1845