Rives v. Morris
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before lion. J. N Williams. Tlie f.ic.s of this case are fully set out in the opinion.
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Appeal from Montgomery Chancery Court. Heard before lion. J. N Williams. Tlie f.ic.s of this case are fully set out in the opinion. Laches cannot be imputed unh ss twenty years had elapsed between the last settlement, of Holmes and the filing of the bill. — Harrison v. Heflin, 54 Ala. 556. As the defendants confessed that they were accounting parties, and as evidence is inadmissible on the consideration.in the fir.-t instance, of the equity of a bill for the settlem-nt of a trust, the lower court erred in dismissing the bill on the hearing.— Walker v. Woodward, 1 Russell, 110; Gres. Eq. Ev.…
1Opinion of the CourtMcCLELLAN, J.
The bill in this case is exhibited-by Mary W. Rives, S. L. Alexander and the children of' said Alexander by Annie Alexander, formerly ' Annie Bilriting, ¿gainst Josi ah Morris and William'C. Ráy as sureties-on the bond of George Holmes as executor-Of the last will and testament of Henry Holmes, deceased.' . *528The complainants are, or stand in succession to, original devisees and legatees named in said will, and they are also the heirs-at-law of Annie Holmes, who was the wife of said Henry and survived him for a number of years, and who was also a legatee under his will. The object of'the bill…
2Cases cited1 opinion
- Castleman's Adm'r v. DorseySupreme Court of Virginia · 1884
3Cited by42 opinions
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1912
- Oxford v. EstesSupreme Court of Alabama · 1934
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- de Graffenried v. BreitlingSupreme Court of Alabama · 1915
- Copeland v. WarrenSupreme Court of Alabama · 1926
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