Posey v. Conaway
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 3d District. This bill is filed to set aside the sale of a certain tract of land made by two of the defendants, with the will annexed of John F. Conaway, and purchased by the other defendant.
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Writ of Error to the Court of Chancery for the 3d District. This bill is filed to set aside the sale of a certain tract of land made by two of the defendants, with the will annexed of John F. Conaway, and purchased by the other defendant. The complainants are legatees under the will, and entitled with two of the defendants to the whole estate. ■ The bill charges, that the administrators intending to defraud the complainants, caused the land to be sold for cash, at a time when few persons were present, and had it knocked down to Chil-derrs, the other defendant, for the price of fifty cents per…
1Opinion of the CourtGoldth Waite, J.
We coincide very fully in the opinion of the chancellor, that the facts disclosed by this bill, are not of the character to warrant the interference of a court of equity. As the case appears, it is, whether fraudulent or otherwise, the unauthorized sale by the administrators, with the will annexed, of the lands of the testator. Even if a deed had passed between the vendors and purchaser, the title of the heirs to the land would be unaffected, as the power given by the will to sell the land, does not pass to the administrators, with the will annexed. [Lucas v. Price, 4 Ala. Rep. 679.] In this…
2Cases cited1 opinion
- Lucas v. Doe ex dem PriceSupreme Court of Alabama · 1843
3Cited by8 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Riggs v. FullerSupreme Court of Alabama · 1875
- Sloan v. SloanSupreme Court of Florida · 1889
- Tyson v. BrownSupreme Court of Alabama · 1879
- Anderson v. McGowanSupreme Court of Alabama · 1868
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