Watson v. Hutto
Supreme Court of Alabama
Appeal from the Court uf Probate of Henry. Thu record in this case shows these facts : On the final settlement of the estate of David Watson, by Solomon Hutto his administrator, on the 10th August, 1853, a decree was rendered in favor of Mrs. Elizabeth Watson, the widow of the intestate, for $514' 15, as her distributive share of the estate ; but as this decree is nowhere set out in the record, its terms cannot bo stated.
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Appeal from the Court uf Probate of Henry. Thu record in this case shows these facts : On the final settlement of the estate of David Watson, by Solomon Hutto his administrator, on the 10th August, 1853, a decree was rendered in favor of Mrs. Elizabeth Watson, the widow of the intestate, for $514' 15, as her distributive share of the estate ; but as this decree is nowhere set out in the record, its terms cannot bo stated. On the 10th February, 1854, an execution was issued on this decree, against the said administrator, and was levied on a slave as his property. The defendant, in vacation,…
1Opinion of the CourtRice, J.
The decree of the probate court, on the final settlement of the estate, adjudging to the appellant her distributive share, is as conclusive as a decree in chancery, or a judgment of a circuit court. Where the defendant in such decree, after the expiration of the term at which it was rendered, makes a motion to enter satisfaction of it, and to quash the execution issued under it, upon grounds which go only to matters behind the decree, the motion cannot be granted, although such grounds may be true in point of fact. — Slatter v. Glover, 14 Ala. R. 648 ; Marshal v. Candler, 21 ib. 490 ; Burt v.…
2Cited by4 opinions
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- Allman v. OwenSupreme Court of Alabama · 1857
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