Cochran's Adm'r v. Sorrell
Supreme Court of Alabama
Appeal from the Probate Court of Calhoun. Heard before the Hon. A. Woods. The record in this case shows that, on the 14th June, 1882, Mrs. M. C. Sorrell filed her petition in said Probate Court, claiming a homestead exemption in the lands of her deceased husband, S. D. Cochran, for the benefit of herself and two infant children who resided with her, and praying the appointment of commissioners to set apart and allot such homestead to her; that said court, on the same day the…
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Appeal from the Probate Court of Calhoun. Heard before the Hon. A. Woods. The record in this case shows that, on the 14th June, 1882, Mrs. M. C. Sorrell filed her petition in said Probate Court, claiming a homestead exemption in the lands of her deceased husband, S. D. Cochran, for the benefit of herself and two infant children who resided with her, and praying the appointment of commissioners to set apart and allot such homestead to her; that said court, on the same day the petition was filed, appointed six commissioners to make the allotment (three in Cleburne county, and three in Calhoun,…
1Per curiam
— The decree of the Probate Court must be reversed, on the authority of Kelly v. Garrett, 67 Ala. 304; Baker v. Keith, 72 Ala. 121; and Farley v. Riordon, 72 Ala. 128. Exceptions or objections to the allotment of a homestead having been interposed by the administrator, it was the duty of the Probate Court to have certified them to the Circuit Court for trial, and not to have entertained jurisdiction to hear and determine them.
Keversed and remanded.
2Cases cited3 opinions
- Baker v. KeithSupreme Court of Alabama · 1882
- Kelly v. GarrettSupreme Court of Alabama · 1880
- Farley v. RiordonSupreme Court of Alabama · 1882
3Cited by1 opinion
- Merchants' & Mechanics' Bank v. ColemanSupreme Court of Alabama · 1886