Whitman v. Reese
Supreme Court of Alabama
Appeal from the Court of Probate of Lowndes. Tried before the Hon. J. V. McDuffie. The facts are stated in the opinion. 1. It is Avell settled that the Probate Court had no poAver to vacate and set aside an order after the adjournment of the term, unless the order' and decree Avere void.—40 Ala. 396; 14 Ala. 648; 18 Ala. 438; 16 Ala. 56. 2.. The order of the 15th of October, 1876, is not void.
Read the full summary
Appeal from the Court of Probate of Lowndes. Tried before the Hon. J. V. McDuffie. The facts are stated in the opinion. 1. It is Avell settled that the Probate Court had no poAver to vacate and set aside an order after the adjournment of the term, unless the order' and decree Avere void.—40 Ala. 396; 14 Ala. 648; 18 Ala. 438; 16 Ala. 56. 2.. The order of the 15th of October, 1876, is not void. The final order or decree of the Probate Court that had jurisdiction which was called into exercise by a petition containing all the necessary averments of facts, can not be void, although it might be…
1Opinion of the Court
STONE, J.—
The present was a proceeding in the Probate Court to obtain partition of lands, alleged to be held and owned by tenants in common. The petition avers that the lands are equally owned by five persons, and the partition was made between said five persons; the commissioners reporting the said five lots to be of equal value. The proceeding was instituted under the statute, commencing with section 3497 of the Code of 1876. Section 3498 declares that “ The application must set forth the names of all the persons interested in the property, and their residence, the property sought to.be…
2Cases cited4 opinions
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- Fennell v. TuckerSupreme Court of Alabama · 1873
- Guilford v. MaddenSupreme Court of Alabama · 1871
- Wimberly v. WimberlySupreme Court of Alabama · 1861
3Cited by9 opinions
- Lyons v. HamnerSupreme Court of Alabama · 1887
- Wolffe v. LoebSupreme Court of Alabama · 1893
- Morgan v. FarnedSupreme Court of Alabama · 1887
- McCorkle v. RheaSupreme Court of Alabama · 1883
- Attalla Mining & Manufacturing Co. v. WinchesterSupreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.