Pettit's Adm'r v. Pettit's Distributees
Supreme Court of Alabama
[BILL IN EQUITY FOR SETTLEMENT OF ADMINISTRATION.] Appeal from the Chancery Court of Franklin. Heard before the Hon. JohN Fostee.
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[BILL IN EQUITY FOR SETTLEMENT OF ADMINISTRATION.] Appeal from the Chancery Court of Franklin. Heard before the Hon. JohN Fostee. The material facts disclosed by this record are these: In December, 1833, Hugh Pettit entered into a written contract with one John McLish, a Chickasaw Indian, which was iu these words: “This agreement, made this 2d day of December, 1833, between John McLish, of the first part, and Hugh Pettit, of the second part, wituesseth: That whereas the said parties did, on the — day of April, 1833, enter into a contract concerning the plantation of the said McLish, lying in…
1Opinion of the CourtRice, C. J.
The jurisdiction of the orphans’ court, to decree a sale of land, was derived solely from our statutes, and was a special and limited jurisdiction. Its decree for a sale was a nullity, unless its record disclosed every fact essential to its jurisdiction. No intendment that it had jurisdiction to decree a sale of realty was allowable. — Bishop’s Heirs v. Hampton, 15 Ala. Rep. 761; same case, 19 Ala. 792; Wyatt v. Rambo, 29 Ala. 510.
In the case at bar, the decree of the orphans’ court of Franklin county, upon the petition of the administrator of Hugh Pettit, deceased, for the sale of section 4,…
2Cases cited21 opinions
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Clarke v. WestSupreme Court of Alabama · 1843
- Fambro v. GanttSupreme Court of Alabama · 1847
16 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Edwards County v. JenningsTexas Supreme Court · 1896
- Key v. JonesSupreme Court of Alabama · 1875
- Whorton v. MoragneSupreme Court of Alabama · 1878
- Wadsworth v. DunnamSupreme Court of Alabama · 1897
33 more not listed; retrieve them via the Exa API.