Caldwell and Wife v. Maxwell and Wife
Tennessee Supreme Court
Appeal from the county court of Hawkins. The defendant Maxwell, intermarried with a widow in the State of Virginia, who was executrix of her former husband. Before the intermarriage, she had given bond and security for the administration, agreeably to the laws of that State. The plaintiff intermarried with a daughter by the first husband.
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Appeal from the county court of Hawkins. The defendant Maxwell, intermarried with a widow in the State of Virginia, who was executrix of her former husband. Before the intermarriage, she had given bond and security for the administration, agreeably to the laws of that State. The plaintiff intermarried with a daughter by the first husband. The parties living in this state, the plaintiffs filed their petition for their share of the first husband’s estate, and for an account of it under the act of 1762 C. 5, Bd. 202. Plea in abatement, to the jurisdiction of the court. Demurrer and Joinder. If a…
1Opinion
insisted that, by recurring to the act in Ir. 202, § 5, it will evidently appear that the act never contemplated giving the courts power where the deceased had his place of residence out of the State, and died there. Whenever an act is introductive of a new law, it cannot be extended in any other manner, nor to any other persons. The subject is not within the jurisdiction of the Court of Equity. Mitford, 11.
The Court of Chancery, in England, uniformly has had a disposition to extend its jurisdiction. It has done so, as it respects Ireland and other countries over which it possessed control;…
2Cases cited3 opinions
- Dixon's Executors v. Ramsay's ExecutorsSupreme Court of the United States · 1806
- Emory v. GrenoughSupreme Court of the United States · 1798
- Blanchard's Gun-Stock Turning Factory v. WarnerU.S. Circuit Court for the District of Connecticut · 1846