Speers v. Banks
Supreme Court of Alabama
Appeal from the Chancery Court of Walker. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellee, William Banks, against the appellants. The principal material facts of the case are substantially the same as they were on the former appeal, and as shown by the statement of facts contained in the report of the case in 103 Ala. 436, to which report special reference is here made.
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Appeal from the Chancery Court of Walker. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellee, William Banks, against the appellants. The principal material facts of the case are substantially the same as they were on the former appeal, and as shown by the statement of facts contained in the report of the case in 103 Ala. 436, to which report special reference is here made. After the affirmance in this court of the decree of the chancellor, the complainant amended his bill so ■ as to show that before the issuance of the injunction in the case the administrator…
1Opinion of the Court
HARALSON, J. —
Section 2106 of the Code, having reference to the application for the sale of lands for the payment of debts or for division, by whom and to whom made, provides’that such an “application may be contested by any party interested in the estate.’”’ The appellee, Banks, shows in his bill, that he purchased from the widow and heirs at law of M. D. Burch-field, deceased, the intestate, — including S. R. Burch-field, his administrator in chief, — the lands mentioned in the bill, and which are sought, on the application of the administrator de bonis non, John Speers, to be sold by the…
2Cases cited2 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Banks v. SpeersSupreme Court of Alabama · 1893
3Cited by5 opinions
- Grayson v. RobertsSupreme Court of Alabama · 1934
- Newell v. JohnsSupreme Court of Alabama · 1900
- State ex rel. Craft v. WilliamsSupreme Court of Alabama · 1901
- Banks v. SpeersSupreme Court of Alabama · 1897
- Banks v. SpeersSupreme Court of Alabama · 1897