Mosely v. Tuthill
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. Adam 0. Felder. Micael Prieto died on the 18th of August, 1860, seized of certain land in Mobile, leaving two sons, appellant and Francis D. Mosely, and the following will, which was duly probated: “In the name of God, Amen, I, Micael Prieto, do make and publish this as my last will and testament: “Item 1. I request that all my just debts shall be paid by my executor, hereinafter appointed.
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Appeal from Chancery Court of Mobile. Heard before Hon. Adam 0. Felder. Micael Prieto died on the 18th of August, 1860, seized of certain land in Mobile, leaving two sons, appellant and Francis D. Mosely, and the following will, which was duly probated: “In the name of God, Amen, I, Micael Prieto, do make and publish this as my last will and testament: “Item 1. I request that all my just debts shall be paid by my executor, hereinafter appointed. “ Item 2. I devise all my real and personal property equally to be divided, share and share alike, between my two sons, Frank D. Mosely and Louis…
1Opinion of the CourtPeters, J.
The question of importance in this cause is, what force shall be given to the order oí sale made by the so-called “probate court,” sitting in the county of Mobile, in this State, on the thirteenth day of January, in the year 1863, under authority of which the sale of the lands now sought to be set aside, was made ? Has that order any validity ? and to what extent is it to be treated as a sufficient .authority ?
*647Undoubtedly, the court that made the order for this sale was not a court of a State of the Union. At the time this order was applied for, at the time it was made, and at the date of the…
2Cases cited12 opinions
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