Wright's Heirs v. Ware
Supreme Court of Alabama
Appeal from tbe Chancery Court of Montgomery. Heard before the Hon. Adam C. Feldeb. The bill in this case was filed on the 1st day of April, 1870, by Robert Y. Ware and the children and heirs-at-law of James H. Ware, deceased, against Evalina Wright and others, who were the heirs-at-law of William C. Wright, deceased; and sought to restrain and enjoin the further prosecution of an action of ejectment, which the defendants had instituted to recover the possession of a certain…
Read the full summary
Appeal from tbe Chancery Court of Montgomery. Heard before the Hon. Adam C. Feldeb. The bill in this case was filed on the 1st day of April, 1870, by Robert Y. Ware and the children and heirs-at-law of James H. Ware, deceased, against Evalina Wright and others, who were the heirs-at-law of William C. Wright, deceased; and sought to restrain and enjoin the further prosecution of an action of ejectment, which the defendants had instituted to recover the possession of a certain tract of land, which had belonged to said William C. Wright at the time of his death, and which .the complainants held…
1Opinion of the CourtBrickell, J.
A material question, pressed for our consideration, by the argument of the counsel for appellants, is the constitutionality of the special statute, by which the administration of the estate of William C. Wright, deceased, was transferred from the court of probate of Tallapoosa, the county of his residence at the time of his death, to the court of probate of *554the comity of Montgomery. In the enactment of this statute, the legislature did not exercise judicial power. Though the interests and necessities of those having rights in the estate and its administration may have demanded it, there was…
2Cases cited15 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- Borman v. StateSupreme Court of Alabama · 1859
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- State v. ReidSupreme Court of Alabama · 1840
- Wyman v. CampbellSupreme Court of Alabama · 1838
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Sloan v. SloanSupreme Court of Florida · 1889
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Robertson v. BradfordSupreme Court of Alabama · 1882
- Chapman v. ReddickSupreme Court of Florida · 1899
16 more not listed; retrieve them via the Exa API.