Smith v. Hall
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Tried before tbe Hon. J. J. Woodward. Tbe defendant in error filed bis petition in tbe Orphans’ Court of Tallapoosa County, setting forth, that John Loveless died in said county, after first having made and published bis last will and testament, by wbicb be devised certain lands to bis wife for life, and to bis children in fee at her death, to be equally divided among them; that there were ten children entitled to take under tbe…
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Error to the Circuit Court of Tallapoosa. Tried before tbe Hon. J. J. Woodward. Tbe defendant in error filed bis petition in tbe Orphans’ Court of Tallapoosa County, setting forth, that John Loveless died in said county, after first having made and published bis last will and testament, by wbicb be devised certain lands to bis wife for life, and to bis children in fee at her death, to be equally divided among them; that there were ten children entitled to take under tbe will, among whom are John and Daniel Loveless, (tbe names of tbe others are also set forth in tbe petition;) that Joseph C.…
1DissentLigon, J.
Tbe record presents two questions for tbe consideration of tbe court; 1st, .Has tbe defendant in error any interest in tbe estate of John Loveless, deceased ? and, 2d, Is bis interest of such a character, that, under our statutes, it can be propounded in, and adjudged by tbe Orphans’ Court?
*784It appears, tbat be purchased, at coroner’s sale, under execution on a judgment at law, the undivided interest of John and Daniel Loveless, in the real estate of their father, before any partition had been made among the devisees, and while they were tenants in common with eight others. That this interest…
2Cases cited4 opinions
- Hyde v. TannerNew York Supreme Court · 1847
- Graham v. AbercrombieSupreme Court of Alabama · 1845
- Bean v. WelshSupreme Court of Alabama · 1850
- Rowland v. DaySupreme Court of Alabama · 1850