Allison v. Allison
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. J. A. Bilbro. This was a statutory action of ejectment, brought by the appellee, Elizabeth Allison, against John Allison, John D. Neighbors, M. D. Culver and John Knight, for certain lands specifically described in the complaint'. Issue was joined upon the plea of not guilty.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. J. A. Bilbro. This was a statutory action of ejectment, brought by the appellee, Elizabeth Allison, against John Allison, John D. Neighbors, M. D. Culver and John Knight, for certain lands specifically described in the complaint'. Issue was joined upon the plea of not guilty. The facts disclosed upon the trial of the cause were as follows : Both parties claim the lands described in the complaint through one James L. Allison, deceased. The plaintiff is an heir at law of said decedent, and as such inherited an undivided interest in…
1Opinion of the Court
COLEMAN, J. —
The appellee sued in ejectment. The precise question involved arose in the case of Bolling, Admr. v. Smith, 108 Ala. 411, and it was there held that ‘ ‘where under an order of sale of lands of his intestate, grahted hy the probate court upon his petition, the administrator becomes the purchaser, the heirs are entitled to notice of the proceedings after the sale, and if this notice is not shown to have been given, a deed executed under the proceedings will be held void on collateral attack.” The object of the present appeal is to have this conclusion reconsidered. The principle of…
2Cases cited5 opinions
- Dugger v. TayloeSupreme Court of Alabama · 1877
- Ligon v. LigonSupreme Court of Alabama · 1887
- Anderson's Adm'r v. BradleySupreme Court of Alabama · 1880
- Bogart v. BellSupreme Court of Alabama · 1895
- Bolling v. SmithSupreme Court of Alabama · 1895
3Cited by3 opinions
- Meade v. Vande VoordeNebraska Supreme Court · 1941
- Langley v. LangleySupreme Court of Alabama · 1898
- Washington v. BogartSupreme Court of Alabama · 1898