Bragg v. Beers
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Joinsr A.-Fostee. The bill in this cause was filed on 1st December, 1881, by Dora B. Beers and Mary Parker against Braxton Bragg, individually and as administrator de-bonis non, with the will annexed, of John Bragg, deceased, Shirley Bragg, John Bragg, William B. Bragg, and others, and its material averments are as follows: John Bragg departed this life in the county of Mobile seized and possessed of certain real estate…
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Appeal from Mobile Chancery Court. Heard before Hon. Joinsr A.-Fostee. The bill in this cause was filed on 1st December, 1881, by Dora B. Beers and Mary Parker against Braxton Bragg, individually and as administrator de-bonis non, with the will annexed, of John Bragg, deceased, Shirley Bragg, John Bragg, William B. Bragg, and others, and its material averments are as follows: John Bragg departed this life in the county of Mobile seized and possessed of certain real estate situate in the Port of Mobile, particularly described, which, by his will, -he devised to his children, the complainants…
1Opinion of the CourtBbickell, C. J.
It is true that a court of equity, in the absence of a statute conferring the jurisdiction, will not decree a sale of the lands of an adult, to. make partition, without his -consent.-Deloney v. Walker, 9 Port. 497. The statutes confer on the court of probate jurisdiction to authorize the personal representative - to sell lands descended or devised, when they, are incapable of an equitable division among the heirs or •devisees.-Code of 1876, § 2449. And jurisdiction is also conferred on the court to order the sale of lands, or of personal property, held by joint owners, or by tenants in…
2Cases cited4 opinions
- Deloney v. WalkerSupreme Court of Alabama · 1839
- Hall v. Heirs of WilsonSupreme Court of Alabama · 1848
- Wilson v. CrookSupreme Court of Alabama · 1849
- Young v. KinnebrewSupreme Court of Alabama · 1860
3Cited by9 opinions
- Lyon v. PowellSupreme Court of Alabama · 1884
- Dent v. FoySupreme Court of Alabama · 1921
- Tarver v. WeaverSupreme Court of Alabama · 1930
- Roy v. RoySupreme Court of Alabama · 1909
- Bromberg v. BatesSupreme Court of Alabama · 1893
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