Allen v. Raney
Supreme Court of Alabama
Error to the Circuit Court of Limestone. Tried before the Hon. Thomas A. Walker. This was an action of debt, instituted by the plaintiffs against the defendants in error to recover a sum of money, which had been decreed by the commissioners who were appointed to make distribution of the estate of A. H. McKinney deceased, to be paid to Mrs. Allen (then Mrs. McKinney,) the widow of the deceased, by Mrs. Raney (then Susan McKinney,) one of the dis-tributees of the deceased.
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Error to the Circuit Court of Limestone. Tried before the Hon. Thomas A. Walker. This was an action of debt, instituted by the plaintiffs against the defendants in error to recover a sum of money, which had been decreed by the commissioners who were appointed to make distribution of the estate of A. H. McKinney deceased, to be paid to Mrs. Allen (then Mrs. McKinney,) the widow of the deceased, by Mrs. Raney (then Susan McKinney,) one of the dis-tributees of the deceased. The declaration contained two counts. The first set out the order of the Orphans’ Court, appointing the commissioners to…
1Opinion of the CourtParsons, J.
The commissioners divided the estate, so as *71to require payments in money from some of the legatees to others, for the purpose of equalizing the shares.
The first count states the indebtedness to have arisen solely out of this, and the plaintiffs’ object was to recover one of the sums awarded by the commissioners. Resting this claim upon the decision of the commissioners, or considering that as having been confirmed by the Orphans’ Court, the result must be the same; for, in either case, we can not hold that the commissioners alone, or they and the Orphans’ Court, could divide and distribute…
2Cases cited1 opinion
- Duval v. ChaudronSupreme Court of Alabama · 1846
3Cited by3 opinions
- Booker T. Washington Burial Ins. Co. v. RobertsSupreme Court of Alabama · 1934
- Terrell v. CunninghamSupreme Court of Alabama · 1881
- Montgomery v. GordonSupreme Court of Alabama · 1874