Alabama Conference M. E. Church South v. Price
Supreme Court of Alabama
Appeal from the Probate Court of Henry. This was a proceeding instituted by the appéllant in said probate court, in which it, being a corporation, and a legatee and devisee, under the will of Henry C. Tison, deceased, sought to have set aside and declared void certain sales of real and personal property belonging to the estate of said decedent, made by H. W. B. Price, (the appellee,) his executor, under and by authority of the orders of said court.
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Appeal from the Probate Court of Henry. This was a proceeding instituted by the appéllant in said probate court, in which it, being a corporation, and a legatee and devisee, under the will of Henry C. Tison, deceased, sought to have set aside and declared void certain sales of real and personal property belonging to the estate of said decedent, made by H. W. B. Price, (the appellee,) his executor, under and by authority of the orders of said court. The petition was filed on the 11th November, 1866, and in the following words : “ To the Probate Court of Henry county, Ala., Hon. M. B. Green,…
1Opinion of the CourtA. J. Walker, C. J.
This proceeding was initiated by a petition to set aside sales of real and personal property of a testate decedent, and the order under which the same were made, and also the order confirming such sales. *47The court, after hearing the evidence, dismissed the petition.
1. The correctness of the action of the probate court is maintained upon several grounds. The first is, that the petition itself fails to show that the petitioner is interested in the object of %the petition. The initial sentence of the petition is as follows : “The petition of the Alabama Conference of the Methodist Episcopal…
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