Smilie v. Siler's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. "Wade Keyes. The bill in this case, was filed by John R. Siler, as the administrator of his deceased wife, Mrs. Sarah J. Siler, • formerly Sarah J. Smilie, against Stephen D. Smilie, Edwin R. Smilie, and Hiram A. Smilie, brothers of said Sarah J.; and sought a discovery and account of the assets belonging to the estate of complainant’s intestate.
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Appeal from the Chancery Court of Pike. Heard before the Hon. "Wade Keyes. The bill in this case, was filed by John R. Siler, as the administrator of his deceased wife, Mrs. Sarah J. Siler, • formerly Sarah J. Smilie, against Stephen D. Smilie, Edwin R. Smilie, and Hiram A. Smilie, brothers of said Sarah J.; and sought a discovery and account of the assets belonging to the estate of complainant’s intestate. The complainant’s intestate and the three defendants, together with Perry and Raiford Smilie, since deceased, were the children and heirs-at-law of Robert Smilie, deceased, who died in…
1Opinion of the CourtR. W. Walker, J.
1. Where material matters are stated in the bill, which, prima fade, are within the knowledge, information, or belief of the defendant, if in his answer he fails to deny them, or to express his belief of their falsity, and does not state that he cannot form any belief respecting their truth, they must be considered as admitted. — Grady v. Robinson, 28 Ala. 289. The complainant’s deceased wife was the sister of the defendants, and, prior to her marriage, lived on the same plantation with two of them; and, both before and after that event, resided in the same State with the other defendant. The…
2Cases cited5 opinions
- Grady v. RobinsonSupreme Court of Alabama · 1856
- Marshall v. Crow's Adm'rSupreme Court of Alabama · 1856
- Whitworth v. HartSupreme Court of Alabama · 1853
- Hardy v. BoazSupreme Court of Alabama · 1856
- Hollis v. CaughmanSupreme Court of Alabama · 1853
3Cited by9 opinions
- Moog v. BarrowSupreme Court of Alabama · 1893
- Morrison v. Federal Land Bank of New OrleansSupreme Court of Alabama · 1936
- City of Mobile v. FowlerSupreme Court of Alabama · 1906
- U. S. Fidelity & Guaranty Co. v. PittmanSupreme Court of Alabama · 1913
- Agnew v. McGillSupreme Court of Alabama · 1893
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