Greenlees v. Greenlees
Supreme Court of Alabama
Appeal from Sumter Chancery Court. Heard before Hon. A. ~W. Dillard. This was a bill filed on the 26th of December, 1878, by the appellees, John Greenlees and his sister, against the appellant, Hugh Greenlees, as the administrator of their deceased mother, Isabella Greenlees, who had died in Sumter county in 1859, and upon whose estate the appellant was appointed administrator on the 11th day of January, 1859. The bill alleged that the appellant had sold large quantities of…
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Appeal from Sumter Chancery Court. Heard before Hon. A. ~W. Dillard. This was a bill filed on the 26th of December, 1878, by the appellees, John Greenlees and his sister, against the appellant, Hugh Greenlees, as the administrator of their deceased mother, Isabella Greenlees, who had died in Sumter county in 1859, and upon whose estate the appellant was appointed administrator on the 11th day of January, 1859. The bill alleged that the appellant had sold large quantities of land belonging to said estate and had received the purchase money, and that no settlement of said administration had…
1Opinion of the CourtBrickell, C. J.
It is a settled practice in courts of equity in this State, that lapse of time, rendering a demand stale, or the statute of limitations, the bill disclosing that the claim or demand is obnoxious to either, is available not by plea only, but by demurrer or answer. — 1 Brick. Dig. 699, § 859.
The present bill is filed by the next of kin against an administrator, to compel him to an account of his administration, and to distribution. Twenty years from the grant of administration, less fourteen days, had elapsed before the filing of the bill, and no reason for the long delay, no disability of any…
2Cases cited3 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Johnson v. JohnsonSupreme Court of Alabama · 1843
3Cited by40 opinions
- Boshell v. KeithSupreme Court of Alabama · 1982
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1912
- Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
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