Johnston v. Glasscock
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the Fifth District of the Northern Division. Tins bill was filed, and subpoena issued, the 5th of April, 1839. The bill alledges that the complainants, John Johnston, Hugh B. Johnston, Thomas G. Coats, in right of his wife Olive, James Loftin, in right of his wife Judy, John Loftin, in right of his wife Matilda, Alley Brady, widow, formerly Alley Johnston, Alexander Johnston, Matilda Johnston, Jenney El-laby, widow, formerly Jenney…
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Writ of Error to the Court of Chancery for the Fifth District of the Northern Division. Tins bill was filed, and subpoena issued, the 5th of April, 1839. The bill alledges that the complainants, John Johnston, Hugh B. Johnston, Thomas G. Coats, in right of his wife Olive, James Loftin, in right of his wife Judy, John Loftin, in right of his wife Matilda, Alley Brady, widow, formerly Alley Johnston, Alexander Johnston, Matilda Johnston, Jenney El-laby, widow, formerly Jenney Johnston, and Alfred Brady, in right of his wife Olive, are entitled to distribution of the estate of John Johnston,…
1Opinion of the CourtGoldthwaite, J.
1. In the course of the argument, it was insisted, on the part of the defendants, that many of the points relied on by the complainants, are not put issue by the allegations of the bill, and, therefore, ought not to be considered. The weight of the objection to the form of the bill, will be best ascertained byr an examination of the statute, which gives to the Court of Chancery the jurisdiction of a contested will, and also by a consideration of the changes which this statute made in the law as previously understood.
The jurisdiction is conferred by the 55th section of the act of 1806. This…
2Cases cited6 opinions
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Prince v. HazletonCourt for the Trial of Impeachments and Correction of Errors · 1822
- Lewis v. MarisSupreme Court of Pennsylvania · 1788
- Dunham v. Winans & DunhamNew York Court of Chancery · 1830
- Gray v. MurrayNew York Court of Chancery · 1820
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3Cited by30 opinions
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- Harrell v. MitchellSupreme Court of Alabama · 1878
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