Baker v. Mitchell
Supreme Court of Alabama
Appeal from the City Court of Talladega. Heard before the Hon. John W. Bishop. This is an appeal from a decree overruling demurrers to a bill in equity and a motion to • dismiss said bill for want of equity. The opinion describes the bill, and in-, dicates the grounds of objection to it suggested by the demurrers.
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Appeal from the City Court of Talladega. Heard before the Hon. John W. Bishop. This is an appeal from a decree overruling demurrers to a bill in equity and a motion to • dismiss said bill for want of equity. The opinion describes the bill, and in-, dicates the grounds of objection to it suggested by the demurrers. The bill does not state a case for coercive distribution, and was prematurely filed. — Jackson v. Rowell, 87 Ala. 685; Carroll v. Richardson, 87 Ala. 605; Acklen v. Goodman, 77 Ala. 521; Wood v. Wood, 90 Ala. 81; Code, § 2134. The administrator being a necessary defendant, the bill…
1Opinion of the CourtHaralson, J.
The bill in this case was filed by' two of the children and distributees of the estate of their father, Wm. Baker, to remove the administration of his estate from the probate into the chancery court. It was filed against the administrator, as such, and against him as an individual, because he was an heir and distributee also, and against Annie E. Baker, the widow of deceased. and the other children of said Baker, who, with complainants, are alleged to be all of the heirs at law and distributees of said estate.
These complainants, as we have often held in like cases, had the unquestionable…
2Cases cited7 opinions
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Tygh v. DolanSupreme Court of Alabama · 1891
- Blakey v. Heirs of BlakeySupreme Court of Alabama · 1846
- Torrey v. BishopSupreme Court of Alabama · 1894
- Alabama State Bank v. GlassSupreme Court of Alabama · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Wilks v. WilksSupreme Court of Alabama · 1912
- Hinson v. NaugherSupreme Court of Alabama · 1922
- Badham v. JohnstonSupreme Court of Alabama · 1940
- Dillard v. GillSupreme Court of Alabama · 1936
- Hamby v. HambySupreme Court of Alabama · 1910
15 more not listed; retrieve them via the Exa API.