Townsend v. Steel
Supreme Court of Alabama
Appeal from the Probate Court of Madisou. Heard before tbe Hon. Thos. J. Taylor. In the matter of the petition of Thomas W. Townsend, as administrator of the .estate of Thomas Dorse, deceased, for an order to sell lands for distribution, or equitable division.
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Appeal from the Probate Court of Madisou. Heard before tbe Hon. Thos. J. Taylor. In the matter of the petition of Thomas W. Townsend, as administrator of the .estate of Thomas Dorse, deceased, for an order to sell lands for distribution, or equitable division. The original petition alleged, “that the heirs of said decedent are not fully known to the administrator: Lewis Novell and Nancy Novell claim to be the lawful heirs' and distributees of said Thomas Dorse, who are over twenty-one years, of sound mind, and reside in Madison county. The administrator is not able to give a full and…
1Opinion of the CourtSomebville, J.
The only error assigned is based on the action of the Probate Court in dismissing the application of the administrator to sell the lands for distribution among the heirs of the decedent. The whole inquiry is, whether the statement of facts in the application conferred jurisdiction on the court to make the order of sale authorized by the statute. The only objection urged to the sufficiency of the amended petition is, that it fails to state the names of the heirs with reasonable certainty. The *582averment made by the administrator on this point is, that “Lewis Novell and Nancy Novell claim to be…
2Cases cited2 opinions
- Lyons v. HamnerSupreme Court of Alabama · 1887
- Bingham v. JonesSupreme Court of Alabama · 1887
3Cited by3 opinions
- Awbrey v. EstesSupreme Court of Alabama · 1927
- Ide v. JohnsonSupreme Court of Alabama · 1934
- Abernathy v. O'ReillySupreme Court of Alabama · 1890