Thompson v. Boswell
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon. John P. Hubbard. . Mildred Thompson and others, claiming as heirs at law of John McEown, deceased, brought ejectment against Sandy Boswell, who claimed title to the lands sued for through a sale of said lands made under an order of the probate court.
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Appeal from Pike Circuit Court. Tried before Hon. John P. Hubbard. . Mildred Thompson and others, claiming as heirs at law of John McEown, deceased, brought ejectment against Sandy Boswell, who claimed title to the lands sued for through a sale of said lands made under an order of the probate court. The proceedings in the probate court were in all respects regular and the point of contention is thus stated in the bill of exception: “The only contention as to the validity of the sale by the administrator was that the deposition by only one witness was taken to prove the necessity for the sale.…
1Opinion of the CourtMcCLELLAN, J.
— On a former day of this term an opinion was handed down in this cause, wherein it was held that the probate sale under which the defendants assert title to the land in controversy was void for the reason that the record of the probate court showed that the intestate’s heirs were minors at the time of the order of sale, and that only one witness was examined as in chancery cases in support of the necessity for the sale alleged in the petition of the administrator. In reaching this conclusion we followed the case of Stevenson v. Murray, 87 Ala. 442, where it was assumed and, upon the…
2Cases cited1 opinion
- Stevenson v. MurraySupreme Court of Alabama · 1888
3Cited by6 opinions
- Friedman & Loveman v. ShamblinSupreme Court of Alabama · 1897
- Curtis v. HuntSupreme Court of Alabama · 1909
- Kent v. ManselSupreme Court of Alabama · 1893
- Moore v. CottinghamSupreme Court of Alabama · 1896
- Clark by and Through Caddell v. ClarkSupreme Court of Alabama · 1987
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