Legal Opinion · Concurrence

Edmondson v. Jones

Supreme Court of Alabama

Decided February 14, 1920No. 7 Div. 986Published

Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Bill by Jack Jones against "W- J. Edmond-son and Mrs. Lena Page, as administratrix of the estate of J. R. Castleberry. From a decree overruling demurrers to ' the bill, respondents appeal.

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Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Bill by Jack Jones against "W- J. Edmond-son and Mrs. Lena Page, as administratrix of the estate of J. R. Castleberry. From a decree overruling demurrers to ' the bill, respondents appeal. As to the necessary proceedings in an inquisition of insanity, see sections 4345, 4350, 4351, 4447, 4408, Code 1907. The judgment was not subject to impeachment on collateral attack. 73 Ala. 173; 78 Ala. 206; 117 Ala. 533, 23 South. 783; 124 Ala. 238, 27 South. 297. All the jurisdictional facts either appear of record or were ascertained by…

1ConcurrenceThomas, J.

My concurrence in the conclusion announced is rested on the considerations hereinafter set out, in which Justices SAYRE and GARDNER are in agreement to the extent indicated.

This is a direct attack in chancery on an alleged proceeding in the probate court on inquisition of lunacy, appointment of guardian, and sale or disposition of the ward’s properties by such guardian; and the cancellation of the deed to the purchaser at such sale and deed by such purchaser to a sub-purchaser is prayed.

It is averred that complainant, seized of the land in controversy, “was of unsound mind”; that “inquisition…

2Cases cited69 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Frank v. MangumSupreme Court of the United States · 1915
  3. Grannis v. OrdeanSupreme Court of the United States · 1914
  4. Davis v. WakeleeSupreme Court of the United States · 1895
  5. Windsor v. McVeighSupreme Court of the United States · 1876

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