Patterson v. Carter
Supreme Court of Alabama
Appeal from Marshall Chancery Court. Heard, before Hon. W. H. Simpson. This was a bill filed by the heirs and grandchildren of one Sarah Patterson seeking to set aside a i udgment by default rendered at the suit of Sealley Patteison against W. IT. Cartel’ as administrator of said Sarah Patterson. The bill alleges collusion between the plaintiff in the suit and the administrator or a failure on the part of the administrator to exercise diligence in defending the suit.
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Appeal from Marshall Chancery Court. Heard, before Hon. W. H. Simpson. This was a bill filed by the heirs and grandchildren of one Sarah Patterson seeking to set aside a i udgment by default rendered at the suit of Sealley Patteison against W. IT. Cartel’ as administrator of said Sarah Patterson. The bill alleges collusion between the plaintiff in the suit and the administrator or a failure on the part of the administrator to exercise diligence in defending the suit. It sets up that there ivas no necessity for an administration and no demands against the estate except the similatecl demand of…
1Opinion of the CourtAnderson, J.
-The bill avers facts from which it can be concluded, and which averments are supported by the proof, that the judgment was obtained against the administrator, either by collusion with him, or, at least, from a failure on his part to use proper diligence to defend the suit; and, such being the case, a court of chancery will relieve the heirs, unless it was for a valid and subsisting claim. The evidence shows that the plaintiff to the judgment, Celia Patterson, was reared by the intestate and continued and lived with her until her death, and practically occupied the same relationship with the…
2Cited by10 opinions
- Norton v. LiddellSupreme Court of Alabama · 1967
- Lowery v. PritchettSupreme Court of Alabama · 1920
- Hasty v. HastySupreme Court of Alabama · 1953
- Box v. BoxSupreme Court of Alabama · 1945
- Harrison v. HarrisonSupreme Court of Alabama · 1954
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