Wilburn & Co. v. McCalley
Supreme Court of Alabama
Appeal from tbe Chancery Court of Madison. Heard before the Hon. H. C. Speaxe. These two cases were argued and submitted togother, and present precisely the same questions. The bills were filed by the same parties, and on the same day; and they are almost identical in language, except in the statement of names, amounts, &c., connected with the two judgments against which relief was sought.
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Appeal from tbe Chancery Court of Madison. Heard before the Hon. H. C. Speaxe. These two cases were argued and submitted togother, and present precisely the same questions. The bills were filed by the same parties, and on the same day; and they are almost identical in language, except in the statement of names, amounts, &c., connected with the two judgments against which relief was sought. The bills were filed on the 2d September, 1875, by Archie McCalley and James B. Mc-Calley, children of Martha A. McCalley, deceased, and of William J. McCalley, her surviving husband; against the said…
1Opinion of the CourtStone, J.
These cases present the same questions. According to the averments of the bills, Mrs. Martha A. McCalley, a married woman, made her will, and devised certain lands to complainants, her children. She died, and William J. McCalley, her husband, became her administrator. Under an order of the Probate Court, the said William J., as administrator, executed notes, expressing that they were given under section 2432 [2066] of the Code of 1876, “to -extend a debt due from the estate of Martha A. McCalley, .deceased.” These notes were put in judgment against McCalley, as such administrator. The bills…
2Cases cited16 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- McCurry v. HooperSupreme Court of Alabama · 1848
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Singo v. McGheeSupreme Court of Alabama · 1909
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- Miller v. ThompsonSupreme Court of Alabama · 1923
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
29 more not listed; retrieve them via the Exa API.