Summersett v. Summersett's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Pike. In the matter of the estate of Elizabeth Summersett, deceased, on the application of Alexander Summersett, the administrator, for an order to sell the lands for the purpose of making an equitable division among the heirs.
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Appeal from the Probate Court of Pike. In the matter of the estate of Elizabeth Summersett, deceased, on the application of Alexander Summersett, the administrator, for an order to sell the lands for the purpose of making an equitable division among the heirs. The petition seems to have been filed on the 14th November, 1865, and the first Monday in January then next to have been set for the hearing; but the only evidence of these facts is contained in the following words, which are copied in the transcript immediately after the petition: “Piled in office 14th day of November, 1865. Pirst…
1Opinion of the Court
JUDGE, J.-
1. The probate court transcended its authority in allowing the amendment of the order of sale, as is shown by the bill of exceptions. A record can only be amended, nunc fro tunc, by some matter of record, or mat*598■ter quasi of record. — Shepherd’s Digest, 396, § 32; Harris v. Martin, 39 Ala. 556.
2. The judge of probate, after appointing a day for the hearing of an application to sell lands, is required to issue a citation to the heirs or devisees, of full age, residing in this State, notifying them of the application, and of the day appointed for hearing the same; which citation must…
2Cases cited1 opinion
- Harris v. MartinSupreme Court of Alabama · 1865
3Cited by4 opinions
- Packard v. Kinzie Avenue Heights Co.Wisconsin Supreme Court · 1900
- Ex parte GilmerSupreme Court of Alabama · 1879
- Seawell v. Buckley's DistributeesSupreme Court of Alabama · 1875
- Lilly v. LarkinSupreme Court of Alabama · 1880