Dickey v. Vann
Supreme Court of Alabama
Appeal from the Probate Court of Madison. Heard before the Hon. William Bichardson, This was an application by the appellants, William B. Dickey et al., for an original probate of the will of William Cloud, deceased, wbo died in 1846, not being an inhabitant or citizen of this State, but leaving assets in Madison county.
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Appeal from the Probate Court of Madison. Heard before the Hon. William Bichardson, This was an application by the appellants, William B. Dickey et al., for an original probate of the will of William Cloud, deceased, wbo died in 1846, not being an inhabitant or citizen of this State, but leaving assets in Madison county. Soon after his death, in September, 1846, the will was admitted to probate by the County Court of Davidson county, Tennessee, the county of the testator’s domicil. The record of tbe will and of the probate thereof had in the County Court of Davidson, was filed and simply…
1Opinion of the CourtSomerville, J.
— 1. The probate of a will has often been held by this court to be in the nature of a proceeding in rem — operating upon the thing itself and determining its status. Being an adjudication upon the status of the partic-' ular subject matter, like other judgmnets in rem, when pronounced by a tribunal of competent jurisdiction, it is binding upon all other courts, and as commonly said, concludes the world. It is only when there is an intervention of parties litigant, and an actual contest ensues, that it assumes the nature of a proceeding inter partes. — Deslonde v. Darrington, 29 Ala. 92 ;…
2Cases cited21 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Kumpe v. CoonsSupreme Court of Alabama · 1879
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wilson v. HoltSupreme Court of Alabama · 1887
- Lyons v. HamnerSupreme Court of Alabama · 1887
- Caverno v. WebbSupreme Court of Alabama · 1940
- Bogan v. HamiltonSupreme Court of Alabama · 1890
- Harris v. HarrisSupreme Court of Alabama · 1922
8 more not listed; retrieve them via the Exa API.