Bibb & Falkner v. Avery
Supreme Court of Alabama
Appeal from Circuit Court of Chambers. Tried before Hon. Littleberry Strange. The appellants, as the executors of the last will and testament of W. B. S. Gilmer, deceased, in 1869 commenced their action in the circuit court of Chambers county against appellee, as the administratrix of Benjamin B. Avery, deceased, and complained on a promissory note made by defendant’s intestate, on the 22d day of January, 1868, and payable one day after the date thereof.
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Appeal from Circuit Court of Chambers. Tried before Hon. Littleberry Strange. The appellants, as the executors of the last will and testament of W. B. S. Gilmer, deceased, in 1869 commenced their action in the circuit court of Chambers county against appellee, as the administratrix of Benjamin B. Avery, deceased, and complained on a promissory note made by defendant’s intestate, on the 22d day of January, 1868, and payable one day after the date thereof. To this complaint the said defendant pleaded, in substance, that said will was proved before one John Appleby, acting as probate judge of…
1Opinion of the CourtPeck, C. J.
The error assigned raises the question as to the legal effect of the probate of the will, and the grant of letters testamentary by the probate court of Chambers county, during the existence of the government established under the late rebellion.
In the case of Martin v. Hewitt, at the June term, 1870, we held, that the judgments rendered by the courts of the late rebel government in this State, created no liens on the property of defendants that, in the absence of legislation, would be recognized and enforced by the courts of the present government; that such judgments could stand upon no…
2Cases cited1 opinion
- Chisholm v. ColemanSupreme Court of Alabama · 1869
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- Moore v. Randolph's Adm'rSupreme Court of Alabama · 1881
- Baker, Lawler & Co. v. PoolSupreme Court of Alabama · 1876
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