Bell v. Craig
Supreme Court of Alabama
Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. This was a bill filed by Laura Bell against B. H. Craig, as administrator de bonis non of the estate of one M. Hildebrandt to enjoin Craig as administrator, from selling certain lands therein described, under a decree of the probate court of Dallas county.
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Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. This was a bill filed by Laura Bell against B. H. Craig, as administrator de bonis non of the estate of one M. Hildebrandt to enjoin Craig as administrator, from selling certain lands therein described, under a decree of the probate court of Dallas county. M. Hilderbrandt was the owner of the lands in question at the time of his death ; his only heir qualified as administrator of his estate, and sold said lands for payment of debts under decree of the said probate court, and made a conveyance thereof as such administrator,…
1Opinion of the CourtBrickell, C. J.
It is not necessary to inquire whether the decree of the court of probate, ordering a sale of the lands in controversy, is void, or merely irregular. If void, the legal title to the lands has passed to the appellant by the deed of the sole heir of the intestate, and should not under the facts in this case be clouded by a sale by the administrator de bonis non, under a decree of the court of probate. The power of an administrator to sell lands under a decree of the court of probate, for the payment of debts like the power conferred on an executor by will, to sell for the same purpose, cannot…
2Cases cited3 opinions
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Wilson v. SheppardSupreme Court of Alabama · 1856
- Pickens v. YarboroughSupreme Court of Alabama · 1857
3Cited by18 opinions
- Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
- Bland v. BowieSupreme Court of Alabama · 1875
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Robertson v. BradfordSupreme Court of Alabama · 1882
- Scott v. WareSupreme Court of Alabama · 1880
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