Legal Opinion

Sessions' Adm'r v. Sessions

Supreme Court of Alabama

Decided January 15, 1859PublishedCited by 9 opinions

Appeal from tbe Chancery Court of Wilcox. Heard before the Hon. Wade Keyes. The bill in this case was filed by Mrs. Lydia Ann Sessions, against the administrator of her deceased husband, John B. Sessions, and alleged tbe following facts : That the complainant and her said husband were married about the year 1840; that in 1847, her father, Thomas Bowman, departed this life in said county, leaving her his only child and heir-at-law; that no administration was ever taken out on…

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Appeal from tbe Chancery Court of Wilcox. Heard before the Hon. Wade Keyes. The bill in this case was filed by Mrs. Lydia Ann Sessions, against the administrator of her deceased husband, John B. Sessions, and alleged tbe following facts : That the complainant and her said husband were married about the year 1840; that in 1847, her father, Thomas Bowman, departed this life in said county, leaving her his only child and heir-at-law; that no administration was ever taken out on his estate, because it was entirely free from debt; that said Bowman died seized and possessed of a large tract of land…

1Opinion of the Court

RICE, C. J.—

It seems to be conceded in the arguments of the counsel, that if the bill contains any equity, it is only in relation to the sale of the lands to Richard C. Parker, and the proceeds of that sale; and inclining to the opinion that the concession is correct, we shall treat it as correct, and proceed to examine whether there is any equity in that feature of the bill.

It is clear that the lands never belonged to complainant, as her separate estate; because they descended to her as the only child and heir of her father, during her coverture, in 184T, and before the passage of any…

2Cases cited2 opinions

  1. Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
  2. Andrews v. Huckabee's Adm'rSupreme Court of Alabama · 1857

3Cited by9 opinions

  1. Castleman v. JeffriesSupreme Court of Alabama · 1877
  2. Hays v. CockrellSupreme Court of Alabama · 1867
  3. Irwin v. BaileySupreme Court of Alabama · 1882
  4. Brevard's Executors v. JonesSupreme Court of Alabama · 1874
  5. Sampley v. WatsonSupreme Court of Alabama · 1869

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