Rensford v. Magnus & Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heai'd before Hon. Alfred H. Benners. Bill by Joseph A. Magnus & Co., as simple contract creditors, of the estate of decedent against Harry Eensford, as administrator and individually, and Mary E. Eensford, for the removal of the administration from' the probate to the chancery court. Fiona a decree overruling joint demurrers this appeal is prosecuted by Harry Eensford.
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Appeal from Jefferson Chancery Court. Heai'd before Hon. Alfred H. Benners. Bill by Joseph A. Magnus & Co., as simple contract creditors, of the estate of decedent against Harry Eensford, as administrator and individually, and Mary E. Eensford, for the removal of the administration from' the probate to the chancery court. Fiona a decree overruling joint demurrers this appeal is prosecuted by Harry Eensford. A bill filed within six months which has for its main purpose to take the propeity from the administrator and to remove it, and establish a charge on the property in favor of a creditor1,…
1Opinion of the CourtDowdell, J.
This appeal is piosecuted from the decree of the chancery court overruling the demurrers of the respondents' to the complainants’ bill. The demurrer ruled on was a joint demurrer of Harry Rensford and Mary E. Rensford. The appeal is irregular, in that it is taken by the respondent Harry Rensford alone, when it should have been taken in the name of both respondents; but this irregularity has been waived by the joinder in error on thfe record by the appellee.
The bill is one by a simple contract creditor, and its primary purpose is the removal of an administration from the probate court into the…
2Cases cited13 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Handley v. HeflinSupreme Court of Alabama · 1887
- Shackelford v. BankheadSupreme Court of Alabama · 1882
- Baker v. MitchellSupreme Court of Alabama · 1895
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Tillery v. Commercial Nat. Bank of AnnistonSupreme Court of Alabama · 1941
- Ex Parte KellySupreme Court of Alabama · 1942
- Ex Parte McLendonSupreme Court of Alabama · 1924
- W. L. Weller & Sons v. RensfordSupreme Court of Alabama · 1914
- Irwin v. IrwinSupreme Court of Alabama · 1933
9 more not listed; retrieve them via the Exa API.