Kornegay v. Mayer
Supreme Court of Alabama
Appeal from tlie Proba,te Court of Marengo. Heard before the ITon.' ¡á. P. Prowell. Tlie proceedings in this case were had upon a petition filed by tlie appellee, Morris Mayer, as the administrator of tlie estate of Allen Kornegay, deceased, asking for the sale of the lands of the estate of his intestate, for the payment of the debts of said estate, averring in said petition that the personal property ' belonging to said estate was insufficient to pay said debts.
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Appeal from tlie Proba,te Court of Marengo. Heard before the ITon.' ¡á. P. Prowell. Tlie proceedings in this case were had upon a petition filed by tlie appellee, Morris Mayer, as the administrator of tlie estate of Allen Kornegay, deceased, asking for the sale of the lands of the estate of his intestate, for the payment of the debts of said estate, averring in said petition that the personal property ' belonging to said estate was insufficient to pay said debts. The description of the lands in tire petition and in the decree rendered is sufficiently shown in tbe opinion. Tlie appellants, who…
1Opinion of the CourtSharpe, J.
One of the important requirements of the statute authorizing the probate court to decree a sale of lands of a decedent’s estate to pay debts'is that the. petition “must describe the binds accurately.” Code, § 158. Jurisdiction in such a proceeding* is founded on the petition and does not attach to lands not described with sufficient certainty.—Gilchrist v. Shackelford, 72 Ala. 7; Smitha v. Flournoy,'s Admr., 47 Ala. 345 ;DeBardelaben v. Stoudenmire, 48 Ala. 643. In this petition the lands are described as “50 acres on the east side of the W. \ of the S. E. ¿ of Section 15 and fractional N. W.…
2Cases cited16 opinions
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Smith v. FellowsSupreme Court of Alabama · 1877
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3Cited by14 opinions
- Roberts v. GraysonSupreme Court of Alabama · 1937
- W. L. Weller & Sons v. RensfordSupreme Court of Alabama · 1914
- Metcalf v. MetcalfSupreme Court of Alabama · 1925
- Watson v. HamiltonSupreme Court of Alabama · 1923
- McElhaney v. SingletonSupreme Court of Alabama · 1960
9 more not listed; retrieve them via the Exa API.