Meadows v. Edwards & Brassell
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before Hon. N. W. Cooke. The facts are stated in the opinion. — 1. The statute expressly provides that where any error of law or fact has occurred in the settlement of any estate of a decedent, to the injury of any party without any fault or neglect on his part, such party may correct such error- by bill in chancery within two years after the final settlement thereof, Ac. — See Be-vised Code, §2274; Moch's Heirs v. Steele,…
Read the full summary
Appeal from the Chancery Court of Montgomery. Heard before Hon. N. W. Cooke. The facts are stated in the opinion. — 1. The statute expressly provides that where any error of law or fact has occurred in the settlement of any estate of a decedent, to the injury of any party without any fault or neglect on his part, such party may correct such error- by bill in chancery within two years after the final settlement thereof, Ac. — See Be-vised Code, §2274; Moch's Heirs v. Steele, 34 Ala. 178 ; Ansley's Adm’r v. King's Heirs, 35 Ala,. 278; Marran v. Allison, 39 Ala. 70. 2. The chancellor gives no…
1Opinion of the CourtB. E. Saefold, J.
The decree pro confesso against Edwards was set aside because it was not rendered by the register, but by another acting for him in his absence. There was'no error in this.
The bill was filed by the appellants to correct errors alleged to have occurred in the final settlement of the accounts of the appellee, Edwards, as administrator of the estate of George W. Brassell. It was dismissed for want of equity.
The errors charged are, 1st. The administrator failed to account for the, value of some firewood which he cut and hauled in 1864, with the slaves and wagon and teams of his intestate’s…
2Cases cited1 opinion
- Morrow v. AllisonSupreme Court of Alabama · 1863
3Cited by3 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Otis v. DarganSupreme Court of Alabama · 1875
- Hall v. PegramSupreme Court of Alabama · 1888