Greer v. Herren
Supreme Court of Alabama
Appeal from Tallapoosa Probate Court. Heard before 1-Ion. G. J. Sorrell. Petition by T. S. Herren against the other heirs at law and devices of Janies Vaughn for the partition of certain property described therein. The facts and pleadings sufficiently appear in the opinion of the court. From a decree granting the prayer of the petition, this appeal is prosecuted.
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Appeal from Tallapoosa Probate Court. Heard before 1-Ion. G. J. Sorrell. Petition by T. S. Herren against the other heirs at law and devices of Janies Vaughn for the partition of certain property described therein. The facts and pleadings sufficiently appear in the opinion of the court. From a decree granting the prayer of the petition, this appeal is prosecuted. In partition suits in the probate court the evidence must be taken as in chancery cases. — Code, § 3.181. It is well settled that .land directed by will to be sold and converted into money, which is to be paid to certain…
1Opinion of the CourtSimpson, J.
This was a petition filed in the probate court, by appellee against appellants, asking for a sale of the land described for partition among the heirs of James Vaughan, and their vendees. The answers or pleas, as called and treated in the record, set up the defense, that the property in question belonged to the estate of said James Vaughn, and that according to his will, which is set out in full, said property was to be sold by his executor, and after the adjustment of advances the proceeds Avere to be distributed among the parties in interest, and that therefore the probate court aauis…
2Cases cited4 opinions
- Marshall v. MarshallSupreme Court of Alabama · 1888
- Wilkinson v. StuartSupreme Court of Alabama · 1883
- Allen v. WattsSupreme Court of Alabama · 1893
- Wimberly v. WimberlySupreme Court of Alabama · 1861
3Cited by2 opinions
- Warrick v. WoodhamSupreme Court of Alabama · 1942
- Dinkins v. ConyersSupreme Court of Alabama · 1980