Swope v. Swope
Supreme Court of Alabama
Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. Bill by Carter Swope against Clay Swope and others, with cross-bill by Edgar C. Swope as administrator, for the settlement of an estate, and to remove it from the probate to the chancery court. From the decree Clay Swope and others appeal.
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Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. Bill by Carter Swope against Clay Swope and others, with cross-bill by Edgar C. Swope as administrator, for the settlement of an estate, and to remove it from the probate to the chancery court. From the decree Clay Swope and others appeal. Under the statute, respondent may present his defense by answer and plea jointly, or he may file them separately. —Sec. 3113, Code 1907; Tyson v. Decatur L. Go., 121 Ala. 418; Sellers v. Farmer, 147 Ala. 447. The practice of testing pleas is abolished by section 3115, Code 1907. The pleas…
1DissentMayfield, J.
(dissenting.) — I cannot concur in the opinion in this case, nor in the conclusion, except as *178to the reversal. In my opinion the case should be reversed and rendered. The result of this decision will be an anomaly in chancery proceedings, if this opinion is to stand as written, and a decree be entered accordingly. The facts are fully set forth in the opinion on this and the former appeal. In short, this appellee, who is the administrator of the estate in question, and guardian of the appellants, the sole heirs and distributees of the estate, filed an original bill as next friend of his…
2Cases cited7 opinions
- Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
- Etowah Mining Co. v. Wills Valley Mining & Mfg. Co.Supreme Court of Alabama · 1898
- Meyer v. Calera Land Co.Supreme Court of Alabama · 1901
- McDaniel v. CallanSupreme Court of Alabama · 1883
- Wyatt v. GarlingtonSupreme Court of Alabama · 1876
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