Goodman v. Benham
Supreme Court of Alabama
Error to the Chancery Court of Lauderdale. Before the Hon. David G. Ligón, Chancellor. The bill in this case was filed by the plaintiff in error as executor of Henry Anderson, against the defendant in error as the administrator •cum testamento annexo of Samuel Savage, and makes the following ease: Samuel Savage died in 1837, leaving a will, a copy of which is made an exhibit to the bill, by which he directs that his property, both real and personal, be kept together and…
Read the full summary
Error to the Chancery Court of Lauderdale. Before the Hon. David G. Ligón, Chancellor. The bill in this case was filed by the plaintiff in error as executor of Henry Anderson, against the defendant in error as the administrator •cum testamento annexo of Samuel Savage, and makes the following ease: Samuel Savage died in 1837, leaving a will, a copy of which is made an exhibit to the bill, by which he directs that his property, both real and personal, be kept together and managed by his executors until the death of his wife, and that the annual proceeds, after supplying her wants, be divided…
1Opinion of the CourtCollier, C. J.
The consent of the plaintiff and defendant, contained in iheir written agreement, that the rights of the plaintiff resulting from the purchase of his testator at the execution sale against George M. Savage might be settled in the Court of Chancery, cannot impart jurisdiction to that court if its jurisdiction be otherwise indefensible. But we will not stop to consider this question, as the case may be disposed of upon another ground, and the controversy most probably closed.
*630It will be observed upon a reference to the will of the defendant's testator, and it is also shown by the allegations of…
2Cases cited2 opinions
- Childress v. ChildressSupreme Court of Alabama · 1842
- Marr, Ox'x v. M'CulloughSupreme Court of Alabama · 1838
3Cited by22 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Harper v. CarrollSupreme Court of Minnesota · 1896
- McMaken v. McMakenSupreme Court of Alabama · 1851
- Whitehead v. BoutwellSupreme Court of Alabama · 1928
17 more not listed; retrieve them via the Exa API.