
    American Colonization Society vs. Isaac R. Wade.
    Courts of probate in this state have no power to grant injunctions.
    The superior court of chancery of this state, in a cause pending before it, appointed a receiver to take possession of certain property then in the hands of W. as one of the executors of I. R., deceased ; the probate court of Jefferson county, upon the petition of W., issued an injunction to prevent the execution of the order of the superior court of chancery ; a motion was made in the probate court to dissolve the injunction which ■was overruled : Held, that the probate court had no power or authority to enjoin the order of the superior court of chancery, the injunction should therefore have been dissolved, and the petition dismissed.
    On Appeal from the probate court of Jefferson county; Hon. Robert Duncan, judge.
    On the 6th day of July 1844, Isaac R. Wade, filed in the probate court of Jefferson county a petition, stating, that at the February term, 1836, of the probate court of Jefferson county, letters testamentary were granted to himself, Elias Ogden, James P. Parker and John B. Coleman, upon the last will and testament of Isaac Ross, deceased; that petitioner gave bond as executor of that estate, and returned an inventory thereof which was not signed by either of the other persons to whom letters testamentary were granted; that he took possession of the estate and had the sole and exclusive control and management of it. That certain persons styling themselves the American Colonization Society had filed a bill in the superior court of Chancery of this state against petitioner, Elias Ogden, James P. Parker and John B. Coleman, styling them indiscriminately executors of the last will and testament of Isaac Ross, deceased, praying an injunction against petitioner and also for the appointment of receiver and for other relief. That the superior court of chancery had, upon the motion of the American Colonization Society, to the very great surprise of petitioner, by a decretal order of that court, appointed John S. Chambliss a receiver to take possession and charge of the plantation and negroes, and other property belonging to the estate of Isaac Ross, deceased, which were then in the possession of petitioner as executor of that estate. Petitioner further stated, that from the decretal order of the superior court of chancery he had prayed for and obtained an appeal to the high court of errors and appeals, and had filed his appeal bond with security duly approved. And his appeal was still pending and undetermined by the high court of errors and appeals. Transcripts of the proceedings in the case in the superior court of chancery, and of the executors of Ross’s estate in the probate court of Jefferson county, were referred to and made exhibits to the petition. Petitioner stated that he felt himself responsible to the* probate court for the safe keeping, management and delivery of the property, of the estate according to law; and he asked the advice and direction of the probate court, and he prayed that he might be placed in a position of legal security by the proper process of the court, and for such decree as should be adequate to the end in view. Upon this petition the probate court granted an injunction restraining the execution of the decretal order of the superior court of chancery. At the July term, 1845, the American Colonization Society entered a motion in the probate court to dissolve the injunction, which was overruled by the court. The society thereupon prayed an appeal to this court, and now assigns the following errors, to wit:
    1. That the probate court of Jefferson county had no jurisdiction of the matters set forth in the record, and no power to grant an injunction.
    2. That the court below erred in overruling the motion to dissolve the injunction.
    
      Quitman and McMurran, for appellants.
    This is an appeal from an order of the probate court of Jefferson county, overruling a motion to dissolve an injunction granted by that court, prohibiting the execution of an order of the chancery court, appointing a receiver in a cause pending between these parties in the latter court.
    The statement of the point involved decides it without argument or authority; though we cannot refrain from referring the court to its decision in the case of Scott, Administrator, fyc. in 5 S. & M. 25.
    
      H. T. Ellett, for appellee.
   Mr. Justice Clayton,

delivered the opinion of the court.

The superior court of chancery of this state in a cause pending before it, appointed a receiver to take possession of certain property, then in the hands of the appellee as one of the executors of Isaac Ross, deceased.

The probate court of Jefferson codnty issued an injunction to prevent the execution of the order of the superior court of chancery. A motion was made in that court to dissolve the injunction, which was overruled, and from that order this appeal is taken.

The probate court had no power or authority to enjoin the order of the court of chancery. If the latter court had committed an error, it did not pertain to the former to correct it. Courts of probate have no power to grant injunctions. Scott v. Searles, 5 S. & M. 25.

The motion to dissolve in this case, should have been sustained.

The order of the probate court is reversed, the injunction dissolved, and the bill or petition dismissed.  