Rice v. Drennen
Supreme Court of Alabama
Appeal from Blount Probate Court. Tried before Hon. J. W. Moore. This was an application by Charles Drennen, as the admiutrator of the estate of James Pice, deceased, for the sale of designated lands, of which his intestate died seized and possessed, for division, and on the ground that the same could not be equitably divided among the heirs without a sale.
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Appeal from Blount Probate Court. Tried before Hon. J. W. Moore. This was an application by Charles Drennen, as the admiutrator of the estate of James Pice, deceased, for the sale of designated lands, of which his intestate died seized and possessed, for division, and on the ground that the same could not be equitably divided among the heirs without a sale. George R. Pice, one of the heirs, appeared on the day set for the hearing of the application, and contested it, filing three pleas thereto, which are as follows : (1) A denial of “ the matters and things stated and set up” in the…
1Opinion of the CourtSomebvtlle, J.
The present proceeding is an application made by an administrator to the probate court, for the sale of lands belonging to the estate of a decedent, such sale being intended for distribution among the heirs. The jurisdiction is invoked under section 2449 of the present Code (1876), which provides that lands of an estate may be sold by order of the probate court, “when the same can not be equitably divided among the heirs or devisees.”
The heirs appeared by attorney and contested the application by filing three pleas, objections to all of which seem to have been sustained by the court, although…
2Cases cited5 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Whorton v. MoragneSupreme Court of Alabama · 1878
- Owens v. ChildsSupreme Court of Alabama · 1877
- McCain's adm'x v. McCain's distributeesSupreme Court of Alabama · 1847
- Wimberly v. WimberlySupreme Court of Alabama · 1861
3Cited by8 opinions
- Gainesville & Gulf Railroad v. PeckSupreme Court of Florida · 1908
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Melbourne & Troy v. Louisville & Nashville RailroadSupreme Court of Alabama · 1889
- Jones v. Woodstock Iron Co.Supreme Court of Alabama · 1891
- Graham v. WoodallSupreme Court of Alabama · 1888
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