Phillips, Goldsby & Blevins v. Beene's Adm'r
Supreme Court of Alabama
Aiteal from tbe Probate Court of. Dallas. In the matter of the estate of Benjamin Y. Beene, deceased, which was declared insolvent on the 12th April, 1858, and against which the appellants filed a claim on the 22d November,. 1858^ The case was before this court at-its January term, 1861, on appeal by the administrator; when the decree of the probate eourt,-allowing the claim, was reversed, and the cause remanded. — See the case reported in 87 Ala. 812. On- the second*trial,…
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Aiteal from tbe Probate Court of. Dallas. In the matter of the estate of Benjamin Y. Beene, deceased, which was declared insolvent on the 12th April, 1858, and against which the appellants filed a claim on the 22d November,. 1858^ The case was before this court at-its January term, 1861, on appeal by the administrator; when the decree of the probate eourt,-allowing the claim, was reversed, and the cause remanded. — See the case reported in 87 Ala. 812. On- the second*trial, as appears from the bill of exceptions in- the present record, one Roberts, who was a clerk in the office-of the probate…
1Opinion of the CourtA. J. Walker, C. J.
The evidence upon which the allowance of appellants’ claim is now sought, differs from the evidence presented when the case was before in this court. — Beene's Adm'r v. Phillips, Goldsby & Blevins, 31 Ala. 312. The precise question now to be decided is, whether a verification of a claim against an insolvent estate is legally filed as required by section 1847 of the Code, when it was placed by the attorney of the claimants, within the .prescribed period of nine months,- in the box appropriated to such papers, in .the probate judge’s office, without the knowledge of. the. probate jiidge or his…
2Cases cited2 opinions
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