Farley v. Dunklin & Reese
Supreme Court of Alabama
Ai'peal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. 'The bill in this case was filed on the 19th June, 1880, by C. E. Reese and E. O. Dunklin, as the administrators de bonis non of the insolvent estate of Josiali W. Cowling, against John Gr. Farley and Win.
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Ai'peal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. 'The bill in this case was filed on the 19th June, 1880, by C. E. Reese and E. O. Dunklin, as the administrators de bonis non of the insolvent estate of Josiali W. Cowling, against John Gr. Farley and Win. H. Hunter; and sought to enforce a vendor’s 'lien on a tract of land, which had been sold by said Hunter, as administrator of said Cowling’s estate, under an order of the Probate Court, and bought at that sale by said Farley and others. Cowling died in December, 1866; letters of administration on his estate…
1Opinion of the CourtSomerville, J.
— The present case can not, in our opinion, be distinguished in principle from that of Landford v. Dunklin & Reese, 71 Ala. 594. It was there decided,'that the granting of an order to sell land, when made by the Probate Court, involved a judicial determination of the fact that the petitioner was the lawful administrator of the decedent’s estate, as alleged in his petition asking such sale; and that the sale could not be impeached, in a collateral proceeding, on the ground that he was not in fact the administrator, or that the *532grant of administration as to him was invalid. This ruling was…
2Cases cited6 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Wallace v. Nichols' Admr.Supreme Court of Alabama · 1876
- May v. MarksSupreme Court of Alabama · 1883
- Dugger v. TayloeSupreme Court of Alabama · 1871
- Kellam v. RichardsSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Watts v. FrazerSupreme Court of Alabama · 1885
- Jones v. Woodstock Iron Co.Supreme Court of Alabama · 1891
- Ligon v. LigonSupreme Court of Alabama · 1887